The Principle of Distinction and Autonomous Weapon Systems: A Legal Study under International Humanitarian Law

Abstract

The rules of International Humanitarian Law (IHL), in light of the rapid advancement of artificial intelligence technologies and their increasing use in military operations. It aims to identify the nature of autonomous weapon systems and the levels of human involvement in their operation, analyze the requirements of the principle of distinction, and assess the ability of autonomous weapon systems to implement the requirements of this principle in distinguishing between combatants and civilians, as well as in the selection and engagement of military targets. The study further discusses the principal legal and technical challenges associated with applying the principle of distinction to autonomous weapon systems and reviews the prevailing scholarly approaches concerning their compatibility with International Humanitarian Law. It concludes that the applicability of the principle of distinction to the use of autonomous weapon systems is influenced by the degree of their autonomy and the level of human involvement in their operation. The study further finds that the principle of distinction is not based solely on the technical identification of targets but rather on a human assessment of the lawfulness of the use of force. Accordingly, ensuring compliance with International Humanitarian Law requires maintaining effective legal and technical safeguards capable of preserving respect for its fundamental rules.