Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-vdxz6 Total loading time: 0 Render date: 2024-11-22T19:14:58.616Z Has data issue: false hasContentIssue false

4 - AWS and the IHL Requirements

Published online by Cambridge University Press:  05 May 2022

Afonso Seixas-Nunes
Affiliation:
University of Oxford
Get access

Summary

Traditionally it is argued that AWS are a challenge for IHL, but Chapter 4 pleads the opposite. IHL principles and rules are long and well-established and, therefore, it is up to roboticists to prove that AWS will reliably comply with IHL. For this reason, the chapter begins with an analysis of the inherent values of IHL and the two orders of requirements established in IHL in order to guarantee the legitimacy of AWS. First, a priori requirements that concern the legitimacy of AWS as weapons per se (Article 35 and 36 API). The second set of requirements are a posteriori; they regard the legitimate use of AWS. In this respect, a thorough analysis of the rules of Precaution (Article 57 API), Distinction (Articles 49; 51; 52 API) and Proportionality (Articles 51(5)(b) and 57(5)(a)(iii) API) is provided. While the rules of Precaution enshrine the obligations impending upon military commanders, other rules, such as the Principle of Distinction and Proportionality, pose specific challenges in how AWS will be able to comply with such rules. For that purpose, the chapter looks at new technological developments which may facilitate the compliance with the IHL rules (facial recognition; collateral damage estimative methodology), but by no means insure respect for IHL in all circumstances.

Type
Chapter
Information
The Legality and Accountability of Autonomous Weapon Systems
A Humanitarian Law Perspective
, pp. 140 - 190
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×