As military technologies become more autonomous, legal and ethical safeguards are more important than ever.
The advent of artificial intelligence on the battlefield is appealing because it has the potential to reduce the human cost of war and, consequently, the political cost of using force.
But as war becomes “easier”, it is also increasingly deshumanised.
This stems not only from the ease with which killing can now be decided and carried out, but also from the growing role of AI in such decision-making. As more and more functions are delegated to software and algorithms, will we eventually entrust life-and-death decisions to AI?
This prospect is already becoming a reality with cooperative drone swarms that can communicate with one another, share data and execute complex, coordinated tasks without the need for individual human pilots.
The need for rules
As human involvement and control become more indirect, some tough realities must be addressed, especially if European leaders want their societies to accept the continent’s rearmament. They must be able to guarantee that legal and moral concerns are properly addressed.
This is why Dr Olivier Del Fabbro, a senior lecturer in the philosophy department of the at ETH, the Swiss Federal Institute of Technology in Zurich, points out that international humanitarian law must be adapted to reflect these technological developments. There is a crucial reason for this, as he begins by explaining:
Olivier Del Fabbro, Researcher and lecturer at ETH Zurich, the Swiss Federal Institute of Technology, Interview by Jean-Claude Majerus, 100,7 (in Luxembourgish)
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“The greatest danger associated with the use of drones in our conflicts is escalation. What I mean is that some might say, ‘OK, now we’re going to automate completely, because otherwise we’ll be at a disadvantage’. That’s why it is so crucial to clarify, at the international level and in international law, how war can be waged. Frameworks already exist. The ICRC, for example, is doing a lot of work in this area. It is essential to integrate AI into political, social and legal contexts. This is paramount.”
Former Portuguese defence minister José Azeredo Lopes shares this view.
José Azeredo Lopes, Former Minister of Defence of Portugal, Interview by Alexandre Abrantes Neves, Radio Renascença (in Portuguese)
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“There is a very brutal side to current conflicts, which, incidentally, has led to a dramatic decline in compliance with the rules of international humanitarian law. One need only look at a report released recently by the Geneva Academy of International Humanitarian Law and Human Rights to see that, across the board, we are grossly disregarding what we once accepted as indisputable. Note that several countries in Eastern Europe, the Baltic states, the Nordic countries and Poland, for example, have withdrawn from a convention banning anti-personnel mines. This speaks volumes about the fragility of our convictions.”
Validation through values
Azeredo Lopes reminds that, no matter how shiny the new technology, it cannot overwrite the old principles of international combat.
José Azeredo Lopes, Former Minister of Defence of Portugal, Interview by Alexandre Abrantes Neves, Radio Renascença (in Portuguese)
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“What is the problem with artificial intelligence? It is that we are somewhat dazzled by it. That is, when we see a new technology, we quickly forget that if that new technology is coupled with weapons systems, a fundamental principle continues to apply – the one set out in Article 36 of Additional Protocol I to the Geneva Conventions, which states that when a new weapons system emerges, it is not, by definition, good simply because it is new; it must be tested in terms of its actual or potential compliance with the basic principles of international humanitarian law, namely the principle of distinguishing between the civilian population and the combatant population.”
This is the logic behind the ‘human-in-the-loop’ principle. No matter how advanced military AI becomes, the decision to use lethal force must always involve meaningful human judgement, to ensure that machines are not left free to make life-or-death decisions.
This is essential to ensure that future warfare remains consistent with European values, the rule of law and the principle of human accountability.
- Hermine Donceel, Euranet Plus News Agency
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