AI Driven Crimes and the Laws of Armed Conflict: Reassessing Accountability under International Humanitarian Law

Abstract

The extensive involvement of Artificial Intelligence in the modern-day conflicts have created a wide array of concerns in the field of International Humanitarian Law. Severe cyberattacks, algorithmic targeted attacks or automated weapon strikes- have led to tremendous violations of the core principles of the Laws of Armed Conflict. This Research essentially focuses on the disruption and disregard to these principles caused due to AI driven crimes or attacks in the battlefield. Examining International Humanitarian Law’s core principles like distinction between civilians and combatants, proportionality of an armed attack or military necessity, this paper highlights the current regime’s limitations in addressing these vulnerabilities. Furthermore, the use of AI has also led to complicate the attribution of accountability, making it indecisive as to who is liable for such violations- the state or the programmers, creating a “accountability gap”. This Research Paper studies the application of the current regime of International Humanitarian Law applies to such AI driven crimes by considering the Geneva Conventions of 1949, Additional Protocols to the Geneva Conventions and also, Customary law- applying it by analogy and interpretation by adaptions to technological realities. This paper argues that any such violations by the use of AI driven crimes in cases of an Armed Conflict result in war crimes and should be addressed according to the rules and principles of International Humanitarian Law.  This paper also highlights the potential benefits of using AI in warfare- humanitarian aid delivery, early warning signs and monitoring. The study concludes by emphasizing on the application of the current regime by analogy to such AI driven crimes and a need for more modernised and technology driven legal and ethical framework to deal such crimes with precision.