Abstract

ALMACHE BARREIRO, Juan Carlos  and  ALBERT MARQUEZ, José Jesús. Regulatory unpredictability in international law with respect to lethal autonomous lethal weapon systems. Rev. logos cienc. tecnol. [online]. 2024, vol.16, n.1, pp.16-31.  Epub Feb 17, 2024. ISSN 2145-594X.  https://doi.org/10.22335/rlct.v16i1.1875.

The lethal autonomous weapon systems -LAWare cybernetic entities capable of selecting and attacking targets without direct human intervention, supported by Artificial Intelligence -AI-, as opposed to conventional weapons, which are controlled by human beings. The objective of this research is to externalise the legal incompatibility of LAWs with respect to the principlesof precaution, proportionality and distinction inserted in International Humanitarian Law that have been configured only for human beings as well as to identify the evident moratorium to filter/optimise-as a new weaponthe current critical use of these systems, evidencing the lack of international criminal power that emerges normatively as a result of the indistinction of technological malice, and the need to configure impartiality in the veto power of the substantial decisions regarding peaceful or non-peaceful settlements of the UN Security Council, as a result of their contemporary legal unpredictability. The conclusions aver that a permanent jurisdiction and universal competence are indispensable for their applicability, which should be governed by a potential international instrument regulating the use of LAWs in correlation with the applicable customary norms.

Keywords : LAWs; AI; international humanitarian law.

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