8 - Challenges to Article 36 Reviews Posed by Autonomous Weapons Systems (AWS)

Summary

Chapter 8 looks at an Article 36 review of autonomous weapons systems. Having first addressed the progress of debates about potential future regulation of such systems at the international level, it delineates the notions of autonomy, artificial intelligence and learning systems. The chapter shows that military capabilities underpinned by machine learning and deep learning technologies require a new understanding of how provisions of targeting law can be meaningfully translated to the context of autonomous systems and examined in the framework of Article 36. It also demonstrates that determining the novel character of learning autonomous capabilities to ensure timely provision of legal advice, gaining assurance of complex adaptive systems’ performance accuracy and reliability, or identifying a set of requisite control measures, are all issues that ‘traditional’ weapons reviews do not have to grapple with at all, or at least not to the same extent. [143 words]