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27 J. Conflict & Sec. L. 1 (2022)

handle is hein.journals/jcsl27 and id is 1 raw text is: Journal of Conflict & Security Law © Oxford University Press 2022; All rights reserved. For permissions, please e-mail: journals.permissions@oup.com https://doi.org/10.1093/jcsl/krac001 Advance Access Publication Date: 21 January 2022 The Compatibility of Autonomous Weapons with the Principles of International Humanitarian Law Elliot Winter* Abstract 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, no agreement has been reached on how best to regulate this nascent technology. In the absence of any such agreement, the best approach is to analyse autonomous weapons through the lens of the principles of international humani- tarian law. After humanity and military necessity are debunked as false princi- ples, this article tests the compatibility of autonomous weapons with distinction, proportionality and precaution. It argues that autonomous weapons are not cur- rently able to comply with these principles, owing primarily to a lack of suffi- ciently advanced artificial intelligence and contextual awareness. However, it also argues that the path to international humanitarian law-compliant autonomous weapons is shorter, and more clearly defined, than many realise. Indeed, the article highlights various ways in which future technological advances could en- able autonomous weapons to comply with the principles of international humani- tarian law more rigorously than human beings. The article does not seek to address the compatibility of autonomous weapons with other aspects of inter- national law or the morality of such weapons. 1. Introduction In September 2020, Pope Francis addressed the 75th meeting of the United Nations General Assembly and said, 'new forms of military technology, such as lethal autonomous weapons systems ... irreversibly alter the nature of war- fare, detaching it further from human agency'.' This is a recent example in a long line of statements from heads of state, international organisations, non- * Lecturer in International Law at Newcastle University, Newcastle upon Tyne NE1 7RU, UK. E-mail: elliot.winter@newcastle.ac.uk. Pope Francis, 'The Future we Want, the United Nations we Need: Reaffirming our Collective Commitment to Multilateralism-Confronting Covid-19 through Effective Multilateral Action' (United Nations General Assembly, New York, 25 September 2020) <https://bit.ly/3kQ2tum> accessed 1 January 2022. Journal of Conflict & Security Law (2022), Vol. 27 No. 1, 1-20