This article examines the integrated threats posed by artificial intelligence (AI)-driven military technologies and algorithmic governance to human rights and the rule of law. While the debates on autonomous weapon systems (AWS) often focus on their battlefield implications, their consequences extend far beyond warfare into domestic governance and social regulation. By delegating life-and-death decisions to machines, AWS undermine the inviolability of the right to life and erode the moral foundations of international humanitarian law. The inability of such systems to meaningfully comply with the principles of distinction, proportionality, and accountability creates a structural gap that risks normalizing impunity and weakening the rule of law in armed conflict. At the same time, the internal deployment of algorithmic governance mechanisms—such as predictive policing, facial recognition, and social credit systems—produces mass surveillance, discriminatory outcomes, and chilling effects on freedom of expression and assembly. Together, these developments signal the convergence of military and civilian applications of AI, leading to what may be described as an algorithmic domination over fundamental rights. Existing legal frameworks, both national and international, are ill-equipped to regulate these technologies. Traditional doctrines of liability falter in attributing responsibility, judicial and legislative oversight are frustrated by opacity and technical secrecy, and international law lags behind the pace of innovation. To respond effectively, a paradigm shift is necessary: prohibiting fully autonomous lethal weapons, mandating meaningful human control, requiring algorithmic transparency, strengthening independent oversight, and embedding ethical principles of dignity and fairness into governance. Multilateral cooperation is crucial to prevent regulatory fragmentation and ensure that AI serves humanity rather than undermines it. The article concludes that only a human-centered legal paradigm can reconcile technological progress with the enduring values of human rights and the rule of law.
Adv. Keerthana Krishnan (Mon,) studied this question.
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