CYIL vol. 14 (2023)

JAN ONDŘEJ CYIL 14 (2023) weapon systems , including certain missiles and torpedoes, also have a level of autonomy in selecting and attacking targets after launch. Many of these weapons will focus on a specific target area, after which onboard sensors and programming will take over the autonomous selection and attack a specific target object or person in that area. 11 Autonomous weapon systems represent the entire system, i.e., the weapon itself and other elements necessary for the functioning of the entire system, e.g., sensors, guidance systems, and especially their carriers, which can be a drone, aircraft, ground station, etc. An interesting definition of a weapon and its differentiation from a tool intended for transport contains the Treaty on the Prohibition of Nuclear Weapons in Latin America and the Caribbean (Treaty of Tlatelolco) 12 of 1967. According to its Article 5, where, next to the definition of a nuclear weapon, it is further stated that “a tool which can be used to transport or set the device in motion is not the subject of the definition if it is separated from the device and is not an inseparable part of it”. In this direction, it would also be possible for autonomous weapon systems to distinguish between the weapon itself and the respective carrier. In this direction, the aforementioned drones can also be used as monitoring systems, but also as a carrier of explosives, firearms, or even as a carrier of weapons of mass destruction. 13 For the assessment of an autonomous system, the decisive factor will be which weapons and for what purpose it will be used. In the case of a surveillance device, it would not even be a weapon. The question arises whether, from the point of view of international humanitarian law, it is possible to develop autonomous weapon systems, the use of which is in accordance with the rules of international law . In 2013, a Stop Killer Robots campaign by non-governmental organizations around the world was launched, 14 calling on states as well as the UN to ban the development of Fully Autonomous Weapons (FAW). These are systems that select targets and decide on the use of weapons without any human intervention. In 2018, the UN Secretary-General called for a ban on fully autonomous weapons. 15 For example, J. Lewis argues that fully autonomous systems (FAWs) will never be able to distinguish between combatants and civilians, as soldiers are able to. 16 He argues that machines cannot be designed to have human qualities such as emotions or ethical judgments, which are important for decision making. These views are based on the fact that the decision to kill must be reserved for the individual. The paper is nevertheless focused on autonomous weapon systems in general. Experts do not expect a fully autonomous system to be used in the near future. It can be assumed that systems with a higher degree of autonomy will be created gradually. For this reason, this 11 Ibid., p. 2. 12 A/6663 Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean . In: UN Disarmament Treaties Database. Available at: http://disarmament.un.org/treaties/t/tlatelolco [accessed 17. 5. 2023]. 13 DVOŘÁK, M. [Unmanned aircraft drones and the authority of police officers to prevent their operation.] In: Gřivna, T. Richer, T., Šimánová, H. (eds.) Vliv nových technologií na trestní právo . [ The impact of new technologies on criminal law. ] Praha: Auditorium, 2022, p. 282. 14 Stop Killer Robots. Research and Resources. Available at: https://www.stopkillerrobots.org/skr-research-and resources/ [accessed 04. 08. 2023]. 15 United Nations Secretary-General. Remarks at “Web Summit”. Available at: https://www.un.org/sg/en/content/ sg/speeches/2018-11-05/remarks-web-summit [accessed 17. 5. 2023]. 16 LEWIS, J. The case for Regulating Fully Autonomous Weapons. The Yale Law Journal, 2015, vol. 124, no. 4, p. 1312.

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