The main aim of this chapter is to examine the challenges related to International Humanitarian Law (IHL) compliance analysis by autonomous military devices. The work is rooted in the experience gained during the Asser Institute’s Designing International Law and Ethics into Military AI (DILEMA) research project. The chapter critically explores the obstacles inherent in operationalising legal norms through algorithmic structures, including issues related to context sensitivity, interpretative ambiguity, and technological limitations. In evaluating the feasibility of automating IHL compliance testing, the chapter also reflects on the broader implications for accountability, military decision-making, and the evolving role of legal norms in armed conflict. In order to determine the key elements of IHL compliance testing, we decompose the actual targeting process. This allows us to point out the key components of IHL compliance testing, as well as the data and capabilities necessary to fulfil IHL requirements. In this chapter, we introduce a computational mechanism for automating IHL compliance testing and discuss the challenges, difficulties, and possibilities for creating such a technical mechanism to perform the legal analysis required by IHL.

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The Computational Representation of Rules of International Humanitarian Law in Military Autonomous Devices: Issues, Problems, and Controversies

  • Tomasz Zurek,
  • Tom van Engers

摘要

The main aim of this chapter is to examine the challenges related to International Humanitarian Law (IHL) compliance analysis by autonomous military devices. The work is rooted in the experience gained during the Asser Institute’s Designing International Law and Ethics into Military AI (DILEMA) research project. The chapter critically explores the obstacles inherent in operationalising legal norms through algorithmic structures, including issues related to context sensitivity, interpretative ambiguity, and technological limitations. In evaluating the feasibility of automating IHL compliance testing, the chapter also reflects on the broader implications for accountability, military decision-making, and the evolving role of legal norms in armed conflict. In order to determine the key elements of IHL compliance testing, we decompose the actual targeting process. This allows us to point out the key components of IHL compliance testing, as well as the data and capabilities necessary to fulfil IHL requirements. In this chapter, we introduce a computational mechanism for automating IHL compliance testing and discuss the challenges, difficulties, and possibilities for creating such a technical mechanism to perform the legal analysis required by IHL.