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Artificial Intelligence And International Law: Accountability For Autonomous Weapons

Sep 3
1 min read



Mano Ranjitha TI, Assistant Professor in GTN Law College, Dindigul


ABSTRACT


The rapid integration of Artificial Intelligence (AI) into modern military operations is transforming the nature of armed conflict and raising complex questions concerning accountability under international law. Autonomous Weapon Systems (AWS), capable of identifying, selecting and engaging targets with limited or no further human intervention, challenge traditional assumptions about human control over the use of force. This research examines the compatibility of autonomous weapons with International Humanitarian Law (IHL) and explores the allocation of legal responsibility when AI-enabled systems cause unlawful harm. Particular attention is given to the principles of distinction, proportionality, precautions in attack and the obligation to conduct legal reviews of new weapons under Article 36 of Additional Protocol I to the Geneva Conventions. The study further analyses State responsibility, individual criminal responsibility and command responsibility, while examining the difficulties created by algorithmic unpredictability, opaque decision-making, technological errors and the attribution of conduct to human actors. It evaluates emerging international developments under the Convention on Certain Conventional Weapons (CCW), United Nations processes, International Committee of the Red Cross (ICRC) positions and comparative regulatory approaches. The research argues that technological autonomy cannot operate as a legal substitute for human responsibility. Existing international law provides an important foundation, but significant regulatory gaps remain regarding meaningful human control, predictability, accountability and weapons testing. The study therefore advocates a strengthened international framework incorporating clear prohibitions, operational restrictions, mandatory weapons reviews, human oversight and effective accountability mechanisms to ensure that technological advancement does not undermine fundamental humanitarian principles.


Keywords: Artificial Intelligence; Autonomous Weapon Systems; International Humanitarian Law; Human Accountability; Autonomous Warfare.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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