Autonomous Weapon Systems and the Threshold of Non-International Armed Conflict

Abstract

The ongoing international humanitarian law (IHL) discussion predominantly centers on whether States’ development and employment of AWS can comply with certain fundamental obligations contained in this body of law. Many of the legal challenges discussed will arise irrespective of whether they are used by armed groups or States. Specific concerns pertaining to armed groups, however, may be raised in determining whether hostilities between a State and an armed group, or between two or more such groups, reaches the threshold of a non-international armed conflict, thus triggering the applicable body of IHL. This article examines whether reliance on AWS by armed groups could have legal consequences for when the threshold of a non-international armed conflict is crossed.

Keywords: AWS, autonomous weapon systems, armed groups, terrorists, technology, organization, LOAC, IHL, law of armed conflict, conflict classification