Autonomous Weapons Systems: Limits or Prohibition and Legal and Humanitarian Consideration

The ever swift or expeditious development of AI, machine learning, robotics, and increasingly autonomous military technologies is generally transforming the nature and conduct of contemporary armed conflict. Autonomous weapons systems (AWS), generally understood as weapon systems capable of selecting and engaging targets without further human intervention, raise fundamental questions concerning the adequacy of existing international humanitarian law (IHL), the preservation of human control over the use of force, and the protection of persons affected by armed conflict. The central issue is no longer merely whether autonomous weapons can be technologically developed but whether and under what conditions their development and use can be reconciled with the principles and rules of international human rights (IHL). The International Committee of the Red Cross (ICRC) has recently emphasized that although the existing IHL applies to AWS, existing rules do not resolve all the legal, humanitarian, and ethical concerns generated by increasing autonomy. Therefore, the ICRC supports new legally binding prohibitions and restrictions. This study examines competing approaches of regulation through strict limitations and prohibition of unacceptable forms or uses of autonomous weapons. This study analyzes the application of the principles of distinction, proportionality, and precautions in attack, as well as the prohibition of indiscriminate attacks, to autonomous systems. Particular attention is given to the difficulties that arise when machines identify and engage targets independently in complex and unpredictable environments. The study further examines the implications of autonomy for accountability, responsibility attribution, human dignity, military necessity, and the principle of humanity. It argues that the preservation of meaningful human judgment and control is central to ensuring that the deployment of autonomous systems remains compatible with IHL. The current position of the ICRC supports prohibiting unpredictable AWS and systems designed or used to apply force against persons, while subjecting other autonomous systems to stringent restrictions concerning targets, geographical and temporal parameters, operating environments, and human supervision. This paper concludes that the debate should not be framed simply as a choice between unrestricted technological development and an absolute prohibition of autonomy in warfare. Rather, international regulation should establish clear prohibitions for autonomous systems whose operation or effects cannot be sufficiently understood, predicted, or controlled, alongside rigorous restrictions for systems capable of being used consistently with international human rights (IHL). Therefore, it advocates an internationally agreed, legally binding framework capable of preserving human responsibility for decisions concerning the use of force, strengthening civilian protection, ensuring accountability, and preventing technological developments from weakening the fundamental humanitarian protections governing armed conflict. Finally, as an appendix, the work attaches a proposed draft International Instrument on the Regulation of Autonomous Weapon Systems under International Humanitarian Law for consideration.