The Compatibility of Autonomous Weapons with the Principles of International Humanitarian Law

The emergence of autonomous weapons remains a hot topic in international humanitarian law. Much has been said by States, international organisations, non-governmental organisations and academics on the matter in recent years. However, as yet, no agreement has been reached on how best to regulate this new technology. This article argues that we must therefore consider autonomous weapons using existing international humanitarian law and, in particular, analyse them through the lens of the principles of the regime. After humanity and military necessity are debunked as false principles, the compatibility of autonomous weapons with distinction, proportionality and precaution is tested. It is argued that ‘killer robots’ are not currently able to comply with these principles, owing primarily to their lack of sufficiently high-level intelligence or contextual awareness. However, it is also argued that the path to legally compliant autonomous weapons is shorter and clearer than many realise. The article also highlights the various ways in which, assuming a final leap in artificial intelligence can be made, autonomous weapons might be better at complying with international humanitarian law than human beings themselves