CYIL vol. 14 (2023)

CYIL 14 (2023) AUTONOMOUS WEAPON SYSTEMS UNDER INTERNATIONAL LAW… and targeting targets without the additional intervention of a human operator. 3 In many cases, the current trend is towards full autonomy of weapon systems, there are already such weapon systems in some armies, for example unmanned combat aircraft, which are able to assess the situation by themselves with the help of programmed information. These are weapon systems that are referred to as on-the-loop systems or semi-autonomous systems. These include, for example, the Thaad anti-missile system installed in South Korea, or the sentry robots deployed in the demilitarized zone on the Korean peninsula. Their job is to detect missile launches or intervene themselves, but their activation requires a human operator to make the final strike decision. 4 In addition, it is possible to use fully autonomous weapon systems , also known as out-of-the-loop. 5 These systems are also referred to as killer robots. The US Department of Defence defines these fully autonomous weapon systems as weapons that “once activated are capable of selecting targets and engaging without further intervention by a human operator.” 6 According to the UN, at least thirty countries, including the US, PRC, Russia, Israel, but also Egypt, Pakistan, Saudi Arabia, etc., are already developing semi autonomous weapons, some of them like the Gladiator unmanned tactical ground vehicle, which is equipped with multi-purpose attack weapons that can be easily converted into a fully autonomous weapon system. 7 The Israeli Harpy can operate in fully autonomous mode. This system works by lunging at its target and exploding. According to the International Committee of the Red Cross, “a Lethal Autonomous Weapons System is any weapon system that is autonomous in its critical functions. It is a weapon system capable of distinguishing (i.e., seeking or detecting, identifying, tracking, selecting) and engaging (i.e., applying force against, neutralizing, damaging, or destroying) targets without human intervention”. 8 There are currently weapons systems that are capable of selecting and attacking targets without human intervention. When activated by a human operator, it is a weapon system that uses its sensors and computer programming to select a target and launch an attack. 9 These are, for example, anti-material defensive weapons used to protect vehicles, equipment, or areas against attacks by missiles, rockets, mortars, or other projectiles. These include missile and missile defence weapons and “active protection” weapons for vehicles. The ability to effectively control these weapons and the use of force appears to require certain operational limitations, including limitations to the mission accomplished (i.e., a single function to defend against incoming missiles); limits on targets (i.e., primarily items and vehicles). Furthermore, there is control over the operational environment, e.g., over the geographical area and the time frame of autonomous operation. They are also procedures that allow human intervention to deactivate the weapon, i.e., to stop its operation. 10 Some offensive 4 SCHULZ, W. F and RAMAN, S. The Coming Good Society. Why New Realities Demand New Rights. Cambridge, Massachusetts, London: Harvard University Press, 2020, p. 191. 5 Ibid. 6 Ibid. 7 Ibid. 8 ICRC. Views of the International Committee of the Red Cross (ICRC) on autonomous weapon system, Paper submitted to the Convention on Certain Conventional Weapons (CCW) Meeting of Experts on Lethal Autonomous Weapons Systems (LAWS), 11 April 2016. Available at: https://www.icrc.org/en/document/views icrc-autonomous-weapon-system [accessed 8. 5. 2023]. 9 Ibid., p. 2. 10 Ibid., p. 2. 3 Ibid.

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