Lawfully using autonomous weapon technologies A theoretical and operational perspective

Autonomous weapon systems (AWS) have to be employed in conformity with international humanitarian law (IHL). On this, the international community has reached consensus. Less clear is how to translate this normative commitment into practice in the field. How are the technology’s end-users – field commanders – expected to exercise command-and-control when ordering AWS-attacks?
This legal treatise adopts an operational approach and theorises on how commanders can use existing targeting frameworks to ensure that their use of AWS remains in compliance with the rules governing the conduct of hostilities. This research explored the following legal questions from a commander’s perspective:
• How does one maintain control of AWS throughout a targeting cycle?
• How does one make informed and reasoned deployment decisions, by analysing information related to the technical parameters of the AWS, characteristics of the operational environment, and enemy countermeasures?
• Under which circumstances may AWS not be used under targeting rules, such as indiscriminate attack, proportionality and the duty to cancel/suspend?
• What extra precautionary measures unique to AWS technology can and should be employed?
• When is it militarily desirable to employ AWS (over other alternatives)?
• Under what circumstances may criminal liability be attributed for AWS-related harm?
This monograph has two core outputs, one academic and one practical. For the former, it offers new legal and doctrinal insights on the technology that is useful for future legal developments. For the latter, it provides efficient flowcharts that can be adopted by commanders, military organisations or policymakers to ensure IHL-compliant deployment of AWS.