INVESTIGATING THE LEGAL AND ETHICAL IMPLICATIONS OF AUTONOMOUS DRONES IN WARFARE AND SURVEILLANCE

International law

There is no clause in international law that specifically mentions using drones. The Geneva Convention, which established standards for international humanitarian law in times of war, is used as the primary legal reference instead. The definition of armed conflicts and the protection of civilians—who, while not directly involved in acts of war, unavoidably suffer their effects—are two of the convention’s most important provisions.^[2] The Geneva Convention laid the foundation for what is now known as international humanitarian law and international human rights laws, which work to protect civilians and can be used as a guide when military drone strikes are used against non-combatants.

International humanitarian law (IHL) is based on the Geneva Conventions and their Additional Protocols, which are fundamental guidelines for the principles of proportionality, distinction, and caution in armed conflicts. Complying with these principles becomes more difficult and complex as autonomous systems, including autonomous drones, are deployed.

1. Proportionality

According to the proportionality principle, no military action or use of force may cause disproportionately great harm to civilians or civilian property compared to the anticipated military advantage. The challenge for autonomous systems is to make sure that the algorithms and decision-making processes incorporated into these machines can accurately assess the potential impact of a strike, taking into account the unpredictable and dynamic nature of conflict environments.

2. Distinction

In order to prevent civilians from being targeted and to ensure that force is only used to achieve military goals, the principle of distinction requires a clear distinction between combatants and non-combatants. Due to their reliance on AI algorithms, autonomous systems run the risk of misidentifying or misinterpreting targets, which could cause unintended harm to civilians.

3. Precaution

The precautionary principle places a strong emphasis on the need to take every practical step to prevent harm to civilians and civilian property during military operations. Deploying autonomous systems raises questions about how effectively humans can maintain meaningful control over them and ensure that they abide by safety regulations, especially in conflict situations that can change quickly and unexpectedly.

The use of autonomous systems presents a number of challenges that must be overcome in order to ensure compliance with IHL and human rights standards. The main challenge is creating artificial intelligence (AI) and machine learning algorithms that can correctly interpret and apply these legal principles while taking into account the complexity of warfare and the protection of civilians.^[3] Furthermore, it is crucial to establish responsibility for autonomous systems’ actions because in the event of violations, the appropriate parties must bear responsibility.

Additionally, the rapid development of autonomous technology may lag behind changes in law and regulation, creating a potential gap in how emerging moral and legal issues related to its use in armed conflicts are addressed. In order to address the problems presented by autonomous systems, ongoing efforts by the international community to update and adapt IHL frameworks are crucial.^[4]

Policymakers and military personnel can make sure that drone strikes are carried out in a way that upholds these principles and respects the rights and safety of civilians by using international humanitarian law and human rights laws as a guide. This framework is an essential tool for striking a balance between military goals and safeguarding innocent people’s lives when using drones in armed conflicts.

Consequences of delegating lethal decision-making to autonomous drones

Lethal decision-making being delegated to autonomous drones raises serious ethical and practical issues that require careful consideration. The fundamental absence of human accountability is one of the main worries. There is no specific human operator directly accountable for the decisions made by autonomous systems to use lethal force. This lack of accountability makes it unclear who should be held accountable in the event that unintended harm is caused or if the system uses unlawful targeting.

The use of autonomous drones also increases the possibility of unintended harm to civilians and civilian-owned property. While AI algorithms and machine learning processes are becoming more sophisticated, they are still limited by their training data and inability to fully comprehend complex and dynamic environments. As a result, autonomous drones may misinterpret situations or targets, resulting in tragic consequences for innocent civilians.

These consequences present fundamental moral quandaries for military personnel and policymakers. Military personnel may be concerned about the ethical implications of using a system that lacks human empathy, judgment, and a comprehensive understanding of the context in which it operates. Policymakers, on the other hand, must decide when and how to use autonomous drones, weighing potential benefits against the risks of unintended harm.

The use of autonomous systems in warfare and surveillance raises broader philosophical questions about the morality of delegating life-and-death decisions to machines. It calls into question our understanding of human agency and the role of technology in shaping human behavior during armed conflicts.

To address these consequences and moral responsibilities, policymakers must establish clear guidelines and ethical frameworks for the deployment of autonomous drones. Implementing meaningful human oversight and control mechanisms is critical to ensuring that human operators remain involved in critical decision-making processes.^[5] Transparency in the creation and application of autonomous systems can increase public confidence and comprehension, assisting in navigating the complex ethical issues raised by this technology.

Ultimately, striking a balance between technological advancements and the moral obligations of military operators and policymakers can be accomplished by combining international legal frameworks, ethical considerations, and a dedication to upholding the principles of proportionality, distinction, and precaution. Society can ensure that autonomous drones are used responsibly and in a way that prioritizes the protection of civilians and upholds human dignity in times of conflict by thoughtfully addressing these challenges.

The impact of drone surveillance on privacy rights

Drone surveillance has become very popular, which has led to serious concerns about how it will affect individual privacy rights. Autonomous drones with cutting-edge sensors and AI capabilities have the capacity to gather enormous amounts of data, frequently without the knowledge or consent of the subjects. In the context of domestic law enforcement, in particular, this intrusive and extensive surveillance raises ethical questions.

1. Invasion of Privacy

Drone surveillance allows for the monitoring of people’s movements, activities, and private spaces without their consent, which can violate their rights to their freedoms and privacy. The ability of drones to fly discreetly and at different altitudes may make it difficult for people to know when they are being watched, creating a pervasive sense of surveillance and apprehension.

2. Data Collection and Storage

Autonomous drones can collect massive amounts of data, including images, videos, and geolocation data. The gathering and long-term storage of such data raises questions about its possible abuse or unauthorized access, endangering people’s privacy and making them vulnerable to surveillance even after the fact.

3. Lack of Consent and Awareness

In many cases, people may not be aware that they are being watched by drones or may not have the chance to give their informed consent. The fundamental concepts of autonomy and individual agency are undermined by this lack of knowledge and choice, casting doubt on the legality of drone surveillance methods.

4. Potential for Misuse

There is a chance that drone surveillance will be used improperly and with power abuse. Improper or unjustified surveillance can lead to profiling, discrimination, or unwarranted intrusions into people’s lives, undermining justice and fairness principles.

5. Ethical Considerations

The ethical issues with drone surveillance require a careful analysis of the trade-off between security and privacy. While maintaining public safety is important, it should not be at the expense of violating individuals’ right to privacy. To strike the right balance, the use of drone surveillance, particularly in domestic law enforcement, requires transparency, accountability, and clear guidelines.

6. Regulatory Frameworks and Safeguards

To address these ethical concerns, robust regulatory frameworks that govern the use of drone surveillance are required. These frameworks should specify the permitted uses of drones, the scope and duration of data collection, and the safeguards in place to protect individual privacy. Upholding privacy rights requires the implementation of stringent security measures against abuse and unauthorized access to collected data.

7. Public Awareness and Engagement

It is imperative to educate the public about drone surveillance’s use and potential effects on privacy rights. Transparency, accountability, and democratic oversight are all facilitated by involving citizens in discussions about the necessity, constraints, and potential risks of drone surveillance.

In conclusion, the use of drone surveillance, especially with autonomous systems, has important ramifications for civil liberties. A careful ethical analysis and the creation of robust regulatory frameworks to protect personal freedoms are necessary to strike a balance between security and privacy.^[6] To ensure that drone surveillance is utilized ethically and responsibly in domestic law enforcement contexts, transparency, accountability, and public involvement are crucial. Only by taking such cautious steps will society be able to fully benefit from drone technology while upholding the values of privacy and individual rights.

Challenges in the context of warfare and surveillance

To ensure their responsible development and use, autonomous drones’ plethora of challenges in the context of warfare and surveillance must be carefully examined. This study aims to examine the existing legal frameworks and clarify the difficulties brought on by this new technology. The following are some of the main difficulties that autonomous drones present:

1. Lack of Human Accountability

Human accountability is a concern when decision-making is delegated to autonomous systems. It becomes difficult to assign blame to particular people or organizations when unintended consequences or violations of international humanitarian law occur.

2. Ethical Dilemmas

Significant moral questions are raised by the use of autonomous drones in combat. The use of such technology raises ethical concerns about the potential for desensitization to violence and the ability of machines to carry out deadly actions without human intervention.

3. Risk of Unintended Harm

Despite their advanced capabilities, autonomous drones are still susceptible to mistakes and miscalculations. Significant ethical and legal issues are raised by the possibility of misidentifying targets or inflicting collateral damage on civilians.

4. Legal Frameworks and Compliance

Existing international legal instruments, such as the Geneva Conventions, may find it difficult to adequately address the special problems that autonomous drones present. It is necessary to modify these frameworks to take into account technological advancements in order to ensure compliance with international humanitarian law and human rights standards.

5. Data Privacy and Security

In the course of surveillance operations, autonomous drones collect enormous amounts of data. It becomes essential to ensure the security and privacy of this data in order to shield individuals from potential abuse or unauthorized access.

6. Technological Reliability and Vulnerabilities

Autonomous systems rely heavily on machine learning and AI algorithms, which are prone to manipulation or hacking. It is essential to protect against cyber-attacks and guarantee the dependability of these technologies to avoid potential abuse.

7. Public Perception and Acceptance

The acceptance and legitimacy of autonomous drones may be influenced by how the general public views them. Trust and responsible adoption can be promoted by clearing up misunderstandings and concerns and enhancing transparency surrounding their use.

By analyzing the existing legal systems and highlighting the challenges posed by autonomous drones in warfare and surveillance, this research seeks to contribute to a knowledgeable and objective discussion on the responsible development and use of these technologies.^[7] The research findings can help military organizations, policymakers, and technology creators create rules and regulations that support the moral and legal use of autonomous drone technology while upholding the fundamentals of international law and human rights. Society can only take advantage of autonomous drones’ potential advantages while reducing risks and ensuring their responsible integration into contemporary warfare and surveillance techniques by proactively addressing these issues.

Recent developments in drone warfare

Since the industrial revolution, technological advancements have played a significant role in defining the contours of war and politics. In the modern era, technological advancements enable states to deal with emerging threats. New technologies are having an impact on regional and international security in the twenty-first century. One of them is the advancement of drone technology.

Drone advancements in Ukraine have hastened a long-anticipated technological trend that could soon bring the world’s first fully autonomous fighting robots to the battlefield, ushering in a new era of warfare.^[8] Drones will be used to identify, select, and attack targets without the assistance of humans, according to military analysts, combatants, and artificial intelligence researchers. That would be a military technology revolution on par with the invention of the machine gun.

According to the United Nations, the Libyan conflict has seen the world’s largest drone war since 2019, accounting for over 900 drone missions. A deadly war in Libya has been prolonged thanks to the use of relatively inexpensive drones. Drones played an important role in the 2020 conflict between Azerbaijan and Armenia over the disputed region of Nagorno-Karabakh. Azerbaijan’s extensive and effective use of drones aided in limiting war casualties.^[9] The drones assisted Azeri troops in real-time positioning of Armenian positions and military hardware. Armed drones quickly destroyed numerous Armenian tanks, artillery, and air defense systems.

Conclusion

In conclusion, a new era of opportunities and challenges in contemporary warfare and surveillance has emerged as a result of the rapid advancement of autonomous drone technology. This research has thoroughly examined the ethical and legal ramifications of the use and deployment of autonomous drones, emphasizing the significance of abiding by evolving legal frameworks and international agreements.^[10]

The difficulty of ensuring adherence to standards of international humanitarian law and human rights is highlighted by the analysis of the principles of proportionality, distinction, and precaution in the context of the deployment of autonomous drones. The ethical considerations surrounding lethal decision-making by autonomous drones highlight the importance of strong accountability and responsibility frameworks for military operators and policymakers.

Furthermore, the study shed light on the potential impact of drone surveillance on privacy rights, raising concerns about the collection of large amounts of data without the consent or knowledge of individuals. When using drone surveillance in domestic law enforcement, it is critical to balance security needs with privacy concerns.

This paper provides a comprehensive understanding of the intricate challenges posed by autonomous drones by taking a multidisciplinary approach that integrates legal, ethical, and technological perspectives. It calls for informed and balanced debates to navigate the complexities surrounding the responsible development and use of this transformative technology, ensuring that it adheres to human rights principles, upholds international law, and prioritizes individual safety and privacy in an ever-changing landscape of warfare and surveillance.

^[1] Dapo Akande, ‘The International Legal Framework Regulating Armed Drones’ (EJIL: Talk! 25 March 2017) <https://www.ejiltalk.org/the-international-legal-framework-regulating-armed-drones/> accessed 26 July 2023.

^[2] ibid.

^[3] ‘THE INTERNATIONAL LAW FRAMEWORK REGULATING THE USE OF ARMED DRONES* | International & Comparative Law Quarterly | Cambridge Core’ <https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/international-law-framework-regulating-the-use-of-armed-drones/E92C0FCA200F667633B0C3686A9EDE3C> accessed 26 July 2023.

^[4] Christof Heyns and others, ‘The International Law Framework Regulating the Use of Armed Drones’ (2016) 65 The International and Comparative Law Quarterly 791.

^[5] ‘Implications of the Use of Drones in International Law’ (Peace in Progress magazine) <https://www.icip.cat/perlapau/en/article/implications-of-the-use-of-drones-in-international-law/> accessed 26 July 2023.

^[6] Rachel Alberstadt, ‘Drones under International Law’ (2014) 04 Open Journal of Political Science 221.

^[7] ‘Drone Warfare: Can International Humanitarian Law Catch up with the Technology?’ (Global Voices, 30 March 2022) <https://globalvoices.org/2022/03/30/drone-warfare-can-international-humanitarian-law-catch-up-with-the-technology/> accessed 26 July 2023.

^[8] Syed Ali Abbas, ‘Drones in 21st Century Warfare’ (Global Village Space, 29 October 2022) <https://www.globalvillagespace.com/drones-in-21st-century-warfare/> accessed 28 July 2023.

^[9] ‘Drone Advances in Ukraine Could Bring New Age of Warfare’ <https://www.c4isrnet.com/battlefield-tech/2023/01/05/drone-advances-in-ukraine-could-bring-new-age-of-warfare/> accessed 28 July 2023.

^[10] Christian Enemark, ‘Armed Drones and Ethical Policing: Risk, Perception, and the Tele-Present Officer’ 40 Criminal Justice Ethics 124.