CYIL vol. 14 (2023)

CYIL 14 (2023) AUTONOMOUS WEAPON SYSTEMS UNDER INTERNATIONAL LAW… interference. It is not clear to what extent this is really the case and how much the manufacturer is exaggerating. However, Lancets have hardware that could in principle be capable of such a thing. According to analysts, the Lancet is not fully autonomous, but it may be able to alert the operator to interesting objects in the field of view of its camera, i.e., most likely possible targets. It can also assist in homing in on the final attack. 48 Military analysts believe that international sanctions and the overall poor state of the economy are preventing Russia from producing and deploying Lancet drones in large numbers during the invasion of Ukraine. Russian drones generally depend on imported electronics, and Russian manufacturers have a hard time finding replacements. 49 If drones are used against military objects and members of the armed forces, it is in accordance with international humanitarian law, as long as other requirements of IHP are met. Lancet drones are mainly used against Ukrainian artillery, which is a key weapon for Ukraine. The use of drones and other techniques against the infrastructure, as Russian Shahed drones of Iranian origin are used, is problematic. In an armed conflict, many sectors of the state’s economy, such as the land transport system, communications, or petrochemicals, are considered as one system that represents a contribution to military actions. A specific bridge or railway line is not the subject of an attack because it could be used for military purposes at the time, but because it is part of a certain system that is the target of the attack, e.g., land transport system, energy system, etc. However, such an interpretation can lead to justification of, for example, the bombing of any objects, i.e., even civilian ones, which must not be the subject of an attack. The principle prohibiting non-distinction between civilian and military objects could thus be violated. As for the drones used in the war in Ukraine, they are used by both Ukraine and Russia. From the point of view of the concept of autonomous weapon systems , these are rather means controlled by the operator, i.e., the so-called in-loop system, which are not autonomous weapon systems in the true sense of the word. Some types of drones have certain autonomous functions and can be included among semi-autonomous systems, the so-called on-loop-system. This could be, for example, the aforementioned Lancet drone. Conclusion It can be stated that autonomous weapon systems are the weapons of the future. Currently, several countries are developing these systems, and there will certainly be more of these countries in the future. Fully autonomous systems are also developed, but semi autonomous systems predominate. From the point of view of these weapon systems, it can be stated that when it comes to their use, the current IHL legislation might be sufficient if the rules are followed. Due to the complexity and specificity of these weapon systems, their explicit regulation will however be necessary. One of the important questions, perhaps the most important, is who will be responsible for the use of these systems. In terms of IHL rules, it must always be a human operator (combatant). This and other issues can only be resolved 48 Ibid. 49 MIHULKA, S. Ruské sebevražedné drony Lancet si připisují zásahy na ukrajinských zbraních. [Russian suicide Lancet drones claim hits on Ukrainian weapons.] Available at: https://vtm.zive.cz/clanky/ruske-sebevrazedne drony-lancet-si-pripisuji-zasahy-na-ukrajinskych-zbranich/sc-870-a-221643/default.aspx 14. 4. 2023 [accessed 23. 5. 2023].

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