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Use Of Autonomous Weapons And AI In Defence: Issue Of Autonomy And Accountability




Ananya Pandey, Law Student, GITAM School of Law, GITAM University, Visakhapatnam


ABSTRACT


The integration of Artificial Intelligence (AI) and Autonomous Weapon Systems (AWS) into India's defense sector is covered in this article, with particular focus on how these technologies have evolved over time, their functionality, and the crucial concerns of autonomy and accountability related to them. The study also examines the rapid global adoption and localized use of AI in India over time, from early post-independence R&D investments to more recent initiatives like the creation of the Defence AI Council (DAIC), the creation of Indrajeel drones, and Swarm Drone Technologies, all of which are intended to boost Indian military capabilities in areas like threat detection, surveillance, and logistics support. India's technological advancements, such as the Fully Autonomous Fast Intercept Boats and Sapper Scout UGVs, show that the country is already moving toward giving its armed forces more sophisticated autonomy. However, under International Humanitarian Law (IHL), AWS also raises a number of important legal and ethical concerns, such as the "black box" issue of opaque AI decision-making, challenges in assigning blame when civilians are harmed by conflict (such as the conflicts in Gaza and Ukraine), and transgressions of the principles of distinction and proportionality. Examples from real-world combat show ongoing problems with these technologies' biases and targeting errors, as well as a lack of accountability that calls into question government liability and command duty. The article advocates reforms such as mandatory human intervention, a global AWS registry, programmer accountability, and a binding international treaty to ensure meaningful human control and IHL compliance, preventing an unregulated arms race.


Keywords: Autonomous Weapons Systems, AI in Defence, Accountability, International Humanitarian Law, Indian defence technology, black box problem, IHL principles, Lethal and Autonomous Weapons (LAWS), ethical concerns.



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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