ARTIFICIAL INTELLIGENCE-GENERATED MILITARY DECISIONS AND LEGAL RESPONSIBILITY UNDER INTERNATIONAL HUMANITARIAN LAW

Abstract

Artificial Intelligence (AI) is increasingly becoming a significant component of contemporary military operations, playing a vital role in intelligence data, surveillance, target identification, threat assessment and military decision-making and planning. AI technologies can help the military become better and more effective, but there are troubling societal, cultural, legal, and humanitarian issues too, especially the limited questions of accountability or adherence to International Humanitarian Law (IHL). This research aims to analyze the military decision making relating to AI and its legal responsibility under IHL by applying doctrinal legal research methodology. Research examines relevant legal documents, such as the Geneva Conventions, Additional Protocols, reports, academic literature as well as judicial precedents. It examines the possibility of distinguishing, proportionality, military necessity and precautions in attack regarding AI's role in making military decisions. It also addresses issues of responsibility that might arise in the event AI empowered capabilities are involved in illegal harm in armed conflict. The results show that the existing IHL treaties apply to military decisions made by AI, but there are serious issues that remain to be addressed, such as accountability, attribution of responsibility and requirement of meaningful human control. The report suggests that the legal framework governing military AI and accountability mechanisms need to be enhanced to guarantee that the development and use of such technology align with humanitarian principles and civilian protection.