A Review of International Humanitarian Law on the Use of Artificial Intelligence (AI) and Autonomous Weapons in Modern Warfare 37 35

Abstrak

This study aims to analyze the use of Artificial Intelligence (AI) and autonomous weapons in modern warfare from the perspective of the principles of International Humanitarian Law (IHL), as well as to examine the legal accountability framework applicable to the use of autonomous weapons that results in violations of IHL. The development of AI technology in the military domain has facilitated the emergence of Autonomous Weapons Systems (AWS), which are increasingly capable of detecting, identifying, selecting, and engaging targets with limited human intervention. This development raises significant legal concerns, as the use of force in armed conflict must remain subject to the principles of distinction, proportionality, precautions in attack, and humanity, as well as the obligation to conduct legal reviews of new weapons, means, and methods of warfare. This study employs a normative juridical method using statutory, conceptual, and case approaches. Legal materials are analyzed qualitatively and prescriptively to formulate legal arguments concerning the legality of AI and autonomous weapons and accountability for the consequences arising from their use. The findings indicate that the use of AI and autonomous weapons is neither automatically prohibited nor inherently permitted under IHL. Rather, their legality depends on the capabilities of the systems and the manner in which they are developed and employed to ensure compliance with the fundamental principles of IHL. The deployment of systems that are unpredictable, incapable of distinguishing between lawful and unlawful targets, or incompatible with effective human supervision and intervention may potentially violate IHL. Legal accountability remains attributable to states and individuals who possess relevant authority, knowledge, or roles in the development, procurement, control, activation, and deployment of such systems. Accordingly, meaningful human control, weapons reviews, effective oversight, and traceability are essential to preventing an accountability gap in the use of autonomous weapons.