of Autonomous Weapons System in the Light of Principles of International Humanitarian Law

1. BY:
Muhammad Riffat Jan
And
Muhammad Ossama
RESEARCH PROJECT
PRESENTATION FOR DEGREE OF
LL.B

2. TOPIC
Study upon the Legality of Autonomous Weapons System in
the Light of Principles of International Humanitarian Law

3. RESEARCH STATEMENT
Adoption of Autonomous Weapon System is a reality and a need of
time because the technology is reducing human involvement and
making weapons more autonomous as ever. There is no such legal
framework under International Law to regulate States upon
Autonomous weapon system, and it has to be brought in
accordance with the law of war.

4. CHAPTERISATION OF THESIS
• Chapter 2: Overview to AWS
 Lethal and Non-lethal AWS
 Kinds of AWS
 Need of AWS
• Chapter 3: Autonomous Weapon System in International law
 Existence of AWS
 Lawful and Unlawful AWS according to principle of IHL
 Applying Principles of IHL while conducting an attack
• Chapter 4: Accountability upon use of AWS
• Conclusion

5. DEFINITIONS
• According to the Department of Defense of United States “a weapon systems
that, once activated, can select and engage targets without further intervention
by a human operator”
• According to the Human Rights Watch “Weapons as those capable of selecting
targets and deliver force without any human input or interaction”
• Autonomous weapons system is a machine which is provided with
certain guidelines and it further works on such guidelines to engage
and target its objective without further intervention by a human.

6. LETHAL AND NON-LETHAL AWS

7. KINDS OF AWS

8. NEED OF AUTONOMOUS WEAPONS SYSTEMS

9. LAWFUL AND UNLAWFUL AWS ACCORDING
TO PRINCIPLE OF IHL
• Article 36 of the AP-1 talks about New Weapons
In the study, development, acquisition or adoption of a new weapon, means
or method of warfare, a High Contracting Party is under an obligation to
determine whether its employment would, in some or all circumstances, be
prohibited by this Protocol or by any other rule of international law
applicable to the High Contracting Party.
Weapons unlawful because of it nature [Article 35(2) of AP-1]
Weapons unlawful because of its use [Article 51(4) of AP-1]

10. APPLYING PRINCIPLES OF IHL WHILE
CONDUCTING AN ATTACK
• The Principle of Distinction [Rule 1 of CIHL]
a) No attack can be directed on Civilian Object or Civilian [Article 51(2) and 52(1) of the
AP-I]
b) Direct and Indiscriminate attack [Article 51(4)(a) of AP-1]
c) Doubt [article 50(1) of AP-1]
• The Principle of Proportionality [Rule 14 of CIHL]
 Article 51(5)(b) and 57(2)(iii) of AP-1
 It works in ex-ante not in post factum
 Collateral damage estimate methodology
• The Principle of Precaution [Rule 15 of CIHL]
 Article 57 of AP-1

11. ACCOUNTABILITY
• Who will be held Responsible? Commander, Programmer, State,
Solider to deployed it etc.
• Command Responsibility [Article 86(2) of AP-1]
• On November 21, 2012 the US-DoD directive “persons who is directed or
authorize or a person who operates the AWS has to take due care in the
operations and also follow all the rules of engagement, applicable treaties,
laws of war and weapon safety rules, if there is non-compliance than
action will be taken against such person and he/she will be held
accountable.”

12. ETHICAL ISSUES
• 21 Year boy Al-Sharif killed [Volition of Article 41 of AP-1]
• Bombs drop on Civilian or Bomb drop on Medecins San Frontieres
Hospital 22 killed
• Tragedy of Sonmyvillage in Vietnam

13. CONCLUSION