The Role of Artificial Intelligence in Hindering the Implementation of International Humanitarian Law
DOI:
https://doi.org/10.35246/63a40k12Keywords:
Artificial Intelligence, International Humanitarian Law, Genocide, Implementation of the Principles of International Humanitarian LawAbstract
The international system is undergoing a profound structural transformation driven by the rapid advancement of artificial intelligence technologies, particularly when integrated into military contexts and the management of armed conflicts. Autonomous weapons systems, algorithms capable of making lethal decisions, and systems that assist in intelligence gathering and analysis have become part of the reality of modern warfare. This transformation raises critical questions about the extent to which international humanitarian law, in its current form, is capable of regulating the conduct of belligerent parties and ensuring compliance with the fundamental principles established to protect civilians and reduce human suffering.
This research examines the impact of artificial intelligence in hindering the implementation of international humanitarian law by analyzing a set of key manifestations, most notably: the increased complexity of the principle of distinction and the difficulty of applying proportionality during attacks, the absence of effective human oversight, algorithmic opacity, and the fragmentation of legal responsibility chains. The study also addresses the structural gaps within the framework of international humanitarian law in relation to rapid technological development, in addition to challenges related to accountability, transparency, bias, and the lack of interpretability. The research concludes with the necessity of reassessing the international legal framework and developing new approaches that align with the nature of smart weapons and autonomous systems, to ensure that artificial intelligence does not become a tool that amplifies violations rather than a means of ensuring compliance with the law.
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References
I. Allen, Gregory & Chan, Taniel, Artificial Intelligence and National Security, Harvard University Press, Cambridge, 2017.
II. Amnesty International, The Toronto Declaration: Protecting the Right to Equality and Non-Discrimination in Machine Learning Systems, 2018.
III. Andersen, L., Human Rights in the Age of Artificial Intelligence, AccessNow, 2018.
IV. Armin Krishnan, Killer Robots: Legality and Ethicality of Autonomous Weapons Systems, Ashgate Publishing, 2009.
V. Burrell, J., “How the Machine Thinks”, Big Data & Society, SAGE Publications, 2016.
VI. Crawford, K., Atlas of AI, Yale University Press, 2021.
VII. Crootof, R., “The Killer Robots Are Here”, Cardozo Law Review, 2015.
VIII. European Commission, Ethics Guidelines for Trustworthy AI, 2019.
IX. Fjeld, Jessica et al., Principled AI, Harvard Berkman Klein Center, 2020.
X. Human Rights Watch, Losing Humanity: The Case Against Killer Robots, HRW & Harvard Law School, 2012.
XI. IBM Cloud Education, Artificial Intelligence Overview, IBM, 2020.
XII. Lufkin, B., Why the Biggest Challenge Facing AI is an Ethical One?, BBC Future, 2017.
XIII. Meguenani, Samir & Mokadem, N., AI and Sustainable Development, 2019.
XIV. Mpinga E. et al., Artificial Intelligence and Responsibility, Springer Publishing, Geneva, 2022.
XV. National Science and Technology Council (NSTC), Preparing for the Future of Artificial Intelligence, White House, 2016.
XVI. Narain, K. et al., “Evolution and Control of Artificial Superintelligence”, Journal of Advances in Management Research, 2019.
XVII. OECD, Recommendation on Artificial Intelligence, 2022.
XVIII. Osoba, O. & Welser, W., The Risks of Artificial Intelligence, RAND Corporation, 2017.
XIX. Rodrigues, R., “Legal and Human Rights Issues of AI”, Journal of Responsible Technology, Vol. 4, 2020.
XX. Sharkey, N., “Autonomous Weapons and Ethics”, Ethics & Information Technology, Springer, 2019.
XXI. Tai, M.C., “Impact of Artificial Intelligence on Human Society”, Tzu Chi Medical Journal, 2020.
XXII. UNDP & MBRF, Future of Knowledge Report, 2018.
XXIII. UNESCO, Planning Education in the AI Era, Beijing, 2019.
XXIV. UNICRI, Strategic Plan 2020–2025, UNICRI Publications, 2020.
XXV. UNIDIR, Artificial Intelligence and Warfare, Geneva, 2020.
XXVI. United Nations OHCHR, Human Rights Indicators: A Guide to Measurement and Implementation, 2012.
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