Algorithmic warfare and the future of international humanitarian law: "Between the rigidity of the text and the encroachment of technology"

Abstract

This research examines algorithmic warfare as a modern form of armed conflict that relies on intelligent systems supported by artificial intelligence and automation in military decision-making. The study also addresses the evolving nature of warfare in light of technological advancements and their impact on managing combat operations, surveillance, target identification, and engagement. Furthermore, it explores the applicability of the principles of international humanitarian law, particularly the principles of distinction and proportionality, to these types of warfare. The study addresses the most significant legal issues and challenges related to violations of these principles and the determination of legal responsibility. The study concludes that while current rules are applicable in principle, their practical application requires further development in their interpretation. Therefore, the study recommends emphasizing the necessity of near-complete human control over these systems and establishing a clear and precise legal framework to regulate and keep pace with this technological development.