AUTONOMOUS WEAPONS SYSTEMS AND NORMATIVE GAPS IN INTERNATIONAL HUMANITARIAN LAW

Abstract

The development of military technology has given rise to Autonomous Weapons Systems, or autonomous weapons systems capable of identifying and attacking targets without human intervention. The presence of this technology has sparked serious debate in International Humanitarian Law. This study aims to analyze the gaps in norms in existing international regulations regarding the operationalization of these weapons systems. Using normative legal research methods with statutory and conceptual approaches, this study examines the application of fundamental principles of International Humanitarian Law such as distinction, proportionality, and military necessity. The results show that the autonomous nature of this technology creates legal gaps, particularly in determining criminal accountability when violations of the laws of war occur. Current positive law is unable to address the complexity of decision-making by artificial intelligence-based machines. Therefore, this study concludes that there is a need for the creation of new, binding international legal instruments specifically to regulate, limit, or prohibit certain categories of autonomous weapons systems in order to maintain meaningful human control in warfare.