Autonomous Weapons Systems and the Need to Update International Humanitarian Law?

This Article discusses whether the relevant rules of International Humanitarian Law (IHL), and in particular, the 1949 Geneva Conventions and their 1977 Additional Protocols should be updated in order to develop a clearer framework regarding the permissibility and legality of the use of Autonomous Weapon Systems (AWS) in armed conflict. This Article first discusses the existing Geneva Conventions and Additional Protocols’ rules applicable to the use of all weapons, including AWS. Next, this Article discusses possible ways of reshaping and reconceptualizing IHL in order to adapt its current rules or to develop new rules that would better regulate the use of AWS. This Article concludes that it is desirable to adapt the Geneva Conventions and the Additional Protocols to the use of modernday weapons, such as AWS, through the development of additional soft law instruments such as guidelines, which could in turn become binding customary law in the near future.

(Abstract from author.)