CYIL vol. 14 (2023)

JAN ONDŘEJ CYIL 14 (2023) robotic underwater operations in an isolated underwater environment far from civilians. The use of fully autonomous weapons is thus without any problems in isolated environments. The use of these weapon systems should always be decided by humans – by the authorized combatants . 34 It can be stated that, on a general level, Additional Protocol I to the Geneva Conventions from 1949 contains restrictions which, if strictly observed , may be sufficient even in the case of autonomous weapon systems. At present, however, it seems that relying only on the general regulation of prohibited means and methods of conducting armed conflicts will not be sufficient. Due to the development of autonomous weapon systems, their regulation will be necessary in the future. In the case of the use of autonomous weapon systems , it will always be necessary that the appropriate person – the commander – in any case the combatant – is responsible for the specific decision to deploy and activate the weapon. This means that a programmer who intentionally programs an autonomous weapon to violate IHL, or a commander who activates a weapon that is incapable of functioning in accordance with IHL, should be criminally responsible for violating IHL. Also, a commander who knowingly decides to activate an autonomous weapon system whose performance and effects cannot reasonably be predicted in a specific situation, should be criminally responsible for a serious violation of IHL. 35 Semi-autonomous weapon systems are expected in the future rather than fully autonomous systems. Even in the case of fully autonomous systems, it will be necessary to ensure the responsibility of specific persons (it will be necessary to stipulate what persons will be responsible). In connection with fully autonomous systems, there are also opinions that fully autonomous systems would only be allowed to carry nonlethal weapons, such as acoustic devices that produce sound waves at frequencies that can knock out people but will not kill them. 36 Also for this reason, the regulation of autonomous weapon systems appears to be necessary in the future. 3. Autonomous weapon systems and the war in Ukraine During the Russian invasion of Ukraine, which began in February 2022, armoured technology from the 1960s to the 1980s was used mainly. It turned out that the Russian troops lacked modern communication equipment. For example, precisely guided ammunition was rarely used. 37 For more accurate strikes, Russian pilots had to fly even the most modern supersonic machines or helicopters low, making them better targets for Ukrainian surface-to air missiles launched by individual soldiers. The war in Ukraine is thus more reminiscent of the armed conflicts of the World War II or after the World War II. However, new technologies are also being used in the war in Ukraine, and these tendencies in this armed conflict have an upward character. In particular, drones , i.e., unmanned aircraft, 34 LEWIS, J. The Case fo Regulating Fully Autonomous Weapons. The Yale Law Journal . 2015, p. 1315. 35 DAVISON, N. A Legal Perspective: Autonomous Weapon Systems Under International Humanitarian Law. UNODA Occasional Papers, No. 30, p. 17. Available at: https://www.un-ilibrary.org/content/books/9789213628942c005. 36 SCHULZ, W. F. and RAMAN, S. The Coming Good Society. Why New Realities Demand New Rights. Cambridge, Massachusetts, London: Harvard University Press, 2020, p. 203. 37 EHL, M. Problémy ruské armády překvapily ty, kteří uvěřili pohádkám o její modernizaci. [The problems of the Russian army surprised those who believed the fairy tales about its modernization.] In: Hospodářské noviny of 11 March 2022.

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