Mitigating the Risk of Autonomous Weapon Misuse by Insurgent Groups

The intersection between autonomous weapon systems (‘AWS’) and non-State armed groups (‘NSAG’) is an underexplored aspect of the AWS debate. This article explores the main ways future policymakers can reduce the risk of NSAGs committing violations of the laws of armed conflict (‘LOAC’) using AWS onc...

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Main Author: Jonathan Kwik
Format: Article
Language:English
Published: MDPI AG 2022-12-01
Series:Laws
Subjects:
Online Access:https://www.mdpi.com/2075-471X/12/1/5
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author Jonathan Kwik
author_facet Jonathan Kwik
author_sort Jonathan Kwik
collection DOAJ
description The intersection between autonomous weapon systems (‘AWS’) and non-State armed groups (‘NSAG’) is an underexplored aspect of the AWS debate. This article explores the main ways future policymakers can reduce the risk of NSAGs committing violations of the laws of armed conflict (‘LOAC’) using AWS once the technology becomes more prolific and easily distributable. It does this by sketching a chronological picture of an NSAG’s weapons obtention process, looking first at its likely suppliers and transport routes (acquisition), and, subsequently, at factors which can increase the risk of LOAC violations once the system is in their possession (use). With regard to use, we find that the lack of explicit legal obligations in LOAC to (a) review weapons meant solely for transfer and (b) provide technical training to recipients of transfer constitute serious reasons why LOAC violations may be aggravated with the introduction of AWS to insurgent groups. We also find, however, that States are uniquely and powerfully placed to address both acquisition and use factors, and outline how they can be persuaded into implementing the risk-reducing measures recommended in this article for purely strategic reasons, i.e., even if they express no interest in improving LOAC compliance per se.
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spelling doaj.art-6aa763f0ae2344b08a9d8eb01c6578332023-11-16T21:38:29ZengMDPI AGLaws2075-471X2022-12-01121510.3390/laws12010005Mitigating the Risk of Autonomous Weapon Misuse by Insurgent GroupsJonathan Kwik0Faculty of Law, University of Amsterdam, 1018WB Amsterdam, The NetherlandsThe intersection between autonomous weapon systems (‘AWS’) and non-State armed groups (‘NSAG’) is an underexplored aspect of the AWS debate. This article explores the main ways future policymakers can reduce the risk of NSAGs committing violations of the laws of armed conflict (‘LOAC’) using AWS once the technology becomes more prolific and easily distributable. It does this by sketching a chronological picture of an NSAG’s weapons obtention process, looking first at its likely suppliers and transport routes (acquisition), and, subsequently, at factors which can increase the risk of LOAC violations once the system is in their possession (use). With regard to use, we find that the lack of explicit legal obligations in LOAC to (a) review weapons meant solely for transfer and (b) provide technical training to recipients of transfer constitute serious reasons why LOAC violations may be aggravated with the introduction of AWS to insurgent groups. We also find, however, that States are uniquely and powerfully placed to address both acquisition and use factors, and outline how they can be persuaded into implementing the risk-reducing measures recommended in this article for purely strategic reasons, i.e., even if they express no interest in improving LOAC compliance per se.https://www.mdpi.com/2075-471X/12/1/5autonomous weapon systemartificial intelligenceinsurgencyarmed groupIHLLOAC
spellingShingle Jonathan Kwik
Mitigating the Risk of Autonomous Weapon Misuse by Insurgent Groups
Laws
autonomous weapon system
artificial intelligence
insurgency
armed group
IHL
LOAC
title Mitigating the Risk of Autonomous Weapon Misuse by Insurgent Groups
title_full Mitigating the Risk of Autonomous Weapon Misuse by Insurgent Groups
title_fullStr Mitigating the Risk of Autonomous Weapon Misuse by Insurgent Groups
title_full_unstemmed Mitigating the Risk of Autonomous Weapon Misuse by Insurgent Groups
title_short Mitigating the Risk of Autonomous Weapon Misuse by Insurgent Groups
title_sort mitigating the risk of autonomous weapon misuse by insurgent groups
topic autonomous weapon system
artificial intelligence
insurgency
armed group
IHL
LOAC
url https://www.mdpi.com/2075-471X/12/1/5
work_keys_str_mv AT jonathankwik mitigatingtheriskofautonomousweaponmisusebyinsurgentgroups