This article is written by Saurabh Dwivedi of 8th semester of Bharati Vidyapeeth New Law College Pune
Abstract
This article explores the legal and ethical implications of autonomous weapons and warfare, shedding light on the challenges and considerations associated with their development and deployment. The legal implications involve International Humanitarian Law, accountability and responsibility, and arms control and treaty obligations. The ethical implications encompass human dignity and the right to life, the lack of human judgment and empathy, and the dehumanization of warfare. The article emphasizes the need for international dialogue, robust legal frameworks, and ethical guidelines to ensure compliance with international law and protect human rights in the context of autonomous weapons.
Keywords
Autonomous weapons, killer robots, legal implications, ethical implications, accountability, arms control, treaty obligations, right to life.
Introduction
The present status of the world presents different difficulties and changes that mark the start of another time. The customary ideas of mutually dependent conjunction and worldwide coordination are as of now not adequate to guarantee harmony, soundness, and progress. The rise of strong worldwide players, changes in power elements around the world, and continuous international struggles, joined with squeezing worldwide issues like environmental change, a dangerous atmospheric devotion, and boundary questions, have submitted the current global request in peril. Present-day worldwide relations can be portrayed by a combination of collaboration and face to face conflicts.
Conflict, security, and warfare have all been recurring features of human civilization throughout history. The well-being and safety of their citizens have always been given top priority by nations. The need for sophisticated military and security capabilities grows as the world’s technological advancements accelerate. Nations are designating a critical piece of their Gross domestic product to investigate and foster weapons and safety efforts. The expansion of Man-made brainpower (computer-based intelligence) in different fields has additionally been noticed, as countries progress mechanically. Military overall are tackling simulated intelligence to weaponries it and integrate it into an extensive variety of hardware, with the help of skilled roboticists and designers. The concept of Lethal Autonomous Weapon Systems emerged as a result of this.
Understanding Lethal Autonomous Weapon Systems: A Closer Look at Their Nature
Nations all over the world have attempted to use such potent power to advance their national interests and safeguard their security and sovereignty in an age when automated labor has become commonplace and artificial intelligence has been developed. Lethal Autonomous Weapon Systems (LAWS) were born as a result of advanced nations developing measures to incorporate artificial intelligence into their defense framework as part of this endeavor to enhance military capabilities. Otherwise called “executioner robots”, Regulations are unimaginably cutting-edge mechanical weapons that use sensors as well as PC calculations to distinguish targets and once recognized, send, or utilize the on-board weapon framework to obliterate the objective, without the need of the framework being constrained by a human from a distance[1]. These frameworks, once enacted, can distinguish and block focuses with no further intercession by a human administrator. These work in monstrous differentiation to the frameworks that are under a human’s oversight, otherwise called “human on the circle” weapon frameworks, wherein it is inside the administrator’s capacities to screen and stop the weapon in its tracks. Thus, human independent direction is simply restricted to the starter stages like the development and innate programming of the machine as well as its sending. During missions, there is totally no control of the human over the hardware, its headings, or its objectives, when sent, other than the general order abrogating limit of the end of the gadget (Legislative Exploration Administrations, 2023). The person who fires the weapon does not know who or what the weapon will be intercepting, nor do they know where the strike will take place or when it will occur. The highly advanced in-built software of the autonomous weapon system is used to identify the target(s) using highly precise sensors. When the target matches the target profile in a particular environment, the weapon system is activated (International Committee of the Red Cross, 2022).
India’s Perspective on Autonomous Weapon Systems
As a Rising Global Player with Limited Technological Capabilities, India Must Take Several Important Factors into Account When Developing Autonomous Weapon Systems. India, a major importer of arms, must weigh the trade effects and concerns about national security that come with global advancements in this technology. Its position on independent weapon frameworks is molded by its interests about the likely effect on lopsided fighting assuming nations having the innovation keep on growing such frameworks[2]. In addition, concerns have been expressed regarding the compatibility of autonomous weapon systems with international humanitarian law.
Because of the lower likelihood of civilian casualties, advocates of a ban on autonomous weapon systems argue that such systems would lower the threshold at which nations could engage in war. In a statement that India’s Permanent Mission to the Conference on Disarmament gave at the CCW Informal Meeting of Experts on Lethal Autonomous Weapon Systems in 2016, the country expressed its concerns regarding these issues. India also brought to light the country’s internal divisions regarding key issues, such as when a weapon becomes a new method of warfare, necessitating regulation and national reviews.
“In these circumstances, it may be prudent not to jump to definitive conclusions” was the statement’s conclusion in 2016. This shows that India’s methodology could be deciphered as an absence of help for a preplanned prohibition on such weapon frameworks, suggesting an inclination for a more careful methodology. India’s emphasis on the dual use of autonomous technology by the military and civilian sectors lends credence to this theory. In 2013, the Defense and Research Organization (DRDO) of India made a public announcement that it was developing highly intelligent robotic soldiers that it intended to deploy by the year 2023. In addition, the Prime Minister emphasized the significance of artificial intelligence and robotics for global defense forces in 2018.
Because India is in a geopolitical situation where it is surrounded by two hostile nations, it is even more important for the country to keep up with developments in autonomous weapon systems because these systems have the potential to become the arms race of the 21st century. Pakistan has strongly supported a preemptive ban, while China’s contradictory and uncertain position on autonomous weapon systems has been highlighted. Despite Pakistan’s history of calling for a nuclear-free South Asia while developing its own weapons, India remains skeptical of Pakistan’s intentions. Additionally, India has confronted difficulties from weaponized drones being utilized by Pakistan along its line, notwithstanding cases of having radar frameworks to recognize and obliterate them[3]. Consequently, India considers the arrangement of independent weapons to be important to shield its boundaries from penetration endeavors and defend its troopers in outrageous atmospheric conditions. India as of late declared the utilization of motorized developments, for example, tanks and infantry battle vehicles, in specific unpredictable boundary regions imparted to Pakistan and China to limit human gamble.
Autonomous surveillance, combat systems, and adaptive communication systems are seen as essential assets for protection in light of India’s rapidly expanding space assets and the possibility of space conflicts. India is especially worried about China’s ability to destroy satellites, and autonomous systems could be a good way to protect all of India’s borders.
Notwithstanding, it is essential to think about the imbalance of fighting in the event that different nations are permitted to foster independent weapon capacities unreservedly. India’s autonomous weapon system development would continue to be held up by the current technological lag and delay as a result of this. Consequently, while India may not incline toward a precautionary restriction on independent weapon frameworks, it advocates for guideline to guarantee a level battleground in its turn of events.
India’s situation on independent weapon frameworks lines up with the Uncommitted Development (NAM), which likewise doesn’t uphold an all-out precautionary boycott. Instead, the NAM wants to put into effect a legally binding agreement and has called for a stop to the development of autonomous weapon systems until that happens[4]. The NAM wants to make meaningful human control a key part of the law and emphasizes how important it is. The uniqueness in nations’ situations on the legitimateness of independent weapons is additionally confounded while looking at the basic standards whereupon such legitimateness depends, which come from the Law of Outfitted Struggle or Global Compassionate Regulation.”
Dignity and the right to life
Analyzing the impact of the phrase “every human being has the inherent right to life” in Article 6(1) of the International Covenant on Civil and Political Rights (ICCPR). The law will guarantee this right. Nobody will be randomly denied of his life”. The IHR is completely unfamiliar with concepts like “collateral damage” and “combatant’s privilege” that are used in the IHL to justify the use of force. The IHR includes additional parameters like “necessity” and “proportionality” in their place. The former refers to the maximum amount of force that can be used to achieve a specific legitimate goal, while the latter states that the use of force should only be used as a last resort. Further, the essential Standard 9 arrangements explicitly with guns plainly expresses that “utilization of guns may possibly be made when rigorously undeniable to safeguard life”. Because AWS does not qualify as a human, the self-preservation doctrine, which permits the use of lethal force by police officers in situations of grave danger, is not applicable to the situation because it does not pose a threat to “human life.” The IHR laws, which clearly point to the premise that “the final decision to use lethal force must be reasonable and taken by a human,” are completely at odds with the fact that the kill list is prepared by a machine. The following is stated in Article 1 of the Universal Declaration of Human Rights (UDHR): All people are conceived free and approach in respect and privileges. They are supplied with reason and heart and ought to act towards each other out of a sense of fellowship. The right to dignity is a fundamental component of a number of the rights outlined in the ICCPR, despite the fact that it is not a standalone right. The last point pondered in the previous passage plainly focuses that demise by information network implies individuals are treated as exchangeable elements, as lifeless substances and an innate not as a human respect. Basic choices, for example, the ones made to send force particularly lethal force should be just taken after due thought by a soundly examined the “person circumstance and reasoned that there could be no other option in the particular case and subsequently holds the obligation regarding the result of his ultimate conclusion. Hence, there exists no bit of uncertainty that the right to life as well as the right to pride is fervently abused in the utilization of AWS.
Conclusion
The examination of the legal and ethical consequences of autonomous weapons and warfare has highlighted the complex issues surrounding their development and use. The legal implications, such as International Humanitarian Law, accountability, and arms control treaties, emphasize the need for clear regulations and frameworks to govern these technologies. Furthermore, the ethical concerns surrounding autonomous weapons, including human dignity, the right to life, and the dehumanization of warfare, emphasize the importance of considering the human impact of these systems.
To address these challenges, international dialogue and cooperation are essential. Nations must come together to engage in discussions aimed at establishing common understandings, standards, and guidelines for the development and use of autonomous weapons. Robust legal frameworks that encompass clear rules of engagement, accountability mechanisms, and compliance with international law are necessary to prevent misuse and minimize the risks associated with these technologies.
Additionally, ethical considerations must be at the forefront of decision-making processes. The lack of human judgment and empathy in autonomous systems raises significant concerns about the potential for unintended consequences and the erosion of moral principles. Therefore, incorporating ethical guidelines into the design, deployment, and use of autonomous weapons is crucial to ensure that human rights are protected and respected. From India’s perspective, it is imperative to actively participate in global discussions on autonomous weapon systems and contribute to shaping international norms and regulations. By engaging in these dialogues, India can advocate for its national security interests while promoting responsible and ethical use of emerging technologies. A comprehensive approach that combines legal, ethical, and diplomatic efforts is necessary to address the legal and ethical implications of autonomous weapons. By doing so, we can strive to strike a balance between technological advancements and the preservation of human rights, ultimately promoting a safer and more humane future for warfare.
[1] https://link.springer.com/article/10.1007/s00146-020-01048-1
[2] https://meaindia.nic.in/cdgeneva/?4829?000
[3] https://economictimes.indiatimes.com/news/defence/army-plans-to-induct-ai-to-bolster-capability/articleshow/71298874.cms
[4] https://cis-india.org/internet-governance/legal-and-policy-implications-of-autonomous-weapons-systems
