International Legal Discussions and Trends on Autonomous Weapon Systems

Purpose: This study aims to examine the international legal discussions surrounding AI-based autonomous weapon systems. By doing so, it seeks to review the regulations and control measures of the international community regarding the development and deployment of AWS and explore ways to ensure the military utility, ethical, and legal justification of AWS development for our military. Method: This study aims to review the trends and discussions of the international community and to confirm the principles of international humanitarian law and autonomous weapons based on this. The research method is to review the existing research literature, prior research, and existing discussion studies of international conferences, and based on this, to derive the direction the international community should take. Results: International discussions, including those by the United Nations, have focused on the compliance and applicability of international law and international humanitarian law (IHL) principles to autonomous weapon systems. Issues discussed include Martens Clause, the Additional Protocols to the Geneva Conventions, and principles of distinction, proportionality, and precaution under IHL. Autonomous weapon systems must be designed and manufactured to comply with the principle of distinction, and processes enabling human intervention to immediately halt operations in case of violations should be established. Conclusion: It is anticipated that more precise and IHL-compliant autonomous weapon systems will be developed in the future. Article 36 of the Additional Protocol I to the Geneva Conventions stipulates the legal obligation of contracting parties to review the research, development, and use of new weapons, means, and methods of warfare to prevent excessive injury and unnecessary suffering.