본문 바로가기
KERD
논문KCI 등재

Legal Regulation of Research and Development of Autonomous Weapons Systems

2

조회

0

다운로드

0

인용

0

참고문헌

키워드

초록

The control of autonomous weapons systems (AWS) has been an emerging issue in international arms control in recent years. With the rapid development of AWS and the widespread militarization of artificial intelligence (AI) technologies, there are an increasing number of potential risks that could eventually threaten all humankind. Despite AWS’s advantages of military force enhancement, the legal and ethical risks, challenges, and implications for international security cannot be ignored. In the current international environment, strengthening legal regulation of the research and development (R&D) of AWS could be an effective way to mitigate the risks AWS poses. Despite the significance of the 11 Guiding Principles proposed by the 2019 Group of Governmental Experts (GGE), the problems of overly broad provisions and lack of enforceability are also recognized. This paper further analyzes the legal review mechanism and accountability mechanism for the R&D of AWS. By elaborating on these two regulatory mechanisms, critical issues and challenges in the R&D of AWS are identified, and relevant recommendations are made with a view to compliance by States with international humanitarian law (IHL) in their activities to the R&D of AWS.

Abstract

The control of autonomous weapons systems (AWS) has been an emerging issue in international arms control in recent years. With the rapid development of AWS and the widespread militarization of artificial intelligence (AI) technologies, there are an increasing number of potential risks that could eventually threaten all humankind. Despite AWS’s advantages of military force enhancement, the legal and ethical risks, challenges, and implications for international security cannot be ignored. In the current international environment, strengthening legal regulation of the research and development (R&D) of AWS could be an effective way to mitigate the risks AWS poses. Despite the significance of the 11 Guiding Principles proposed by the 2019 Group of Governmental Experts (GGE), the problems of overly broad provisions and lack of enforceability are also recognized. This paper further analyzes the legal review mechanism and accountability mechanism for the R&D of AWS. By elaborating on these two regulatory mechanisms, critical issues and challenges in the R&D of AWS are identified, and relevant recommendations are made with a view to compliance by States with international humanitarian law (IHL) in their activities to the R&D of AWS.

참고문헌 (94)

  1. "Convention on Certain Conventional Weapons-Informal Meeting of Experts" (2014)[URL]
  2. "Recommendations to the 2016 Review Conference" (2016)[URL]
  3. "Timeline of LAWS in the CCW" (2023)[URL]
  4. Li Shouping, "Improvements and Developments in International Legal Regulation of Autonomous Weapons Systems", Law Review, 39(1), pp.170~ (2021)
  5. ICRC, "Guide to the Legal Review of New Weapons, Means and Methods of Warfare: Measures to Implement Article 36 of Additional Protocol I of 1977, January 2006", International Review of the Red Cross, 88(864), pp.933~ (2006)
  6. John Borrie, "Safety, Unintentional Risk and Accidents in the Weaponization of Increasingly Autonomous Technologies", UNIDIR Resources, no. 5, 16~ (2016)
  7. Natalia Jevglevskaja, "International Law and Weapons Review: Emerging Military Technology under the Law of Armed Conflict" (2021), Cambridge University Press
  8. James Farrant, "Autonomous Weapons and Weapon Reviews: The UK Second International Weapon Review Forum", International Law Studies, 93(1) (2017)
  9. "Article 36 Reviews and Addressing Lethal Autonomous Weapons Systems" (2016)[URL]
  10. "Autonomous Weapons and Operational Risk, Ethical Autonomy Project" (2016)[URL]
  11. Peter Asaro, "On Banning Autonomous Weapon Systems: Human Rights, Automation, and the Dehumanization of Lethal Decision-Making", International Review of the Red Cross, 94(886) (2012)
  12. Nik Hynek, "Operations of Power in Autonomous Weapon Systems: Ethical Conditions and Socio-political Prospects", AI & SOCIETY, 36, pp.94~ (2021)
  13. Daniele Amoroso, "Autonomous Weapons Systems and Meaningful Human Control: Ethical and Legal Issues", Current Robotics Reports, 1, pp.192~ (2020)
  14. A Legal Perspective: Autonomous Weapon Systems under International Humanitarian Law, "Neil Davison", UNODA, ~, pp.UNODA Occasional Papers, no. 30 (2018)
  15. Kjølv Egeland, "Lethal Autonomous Weapon Systems under International Humanitarian Law", Nordic Journal of International Law, 85(2) (2016)
  16. Kenneth Anderson, "Adapting the Law of Armed Conflict to Autonomous Weapon Systems", International Law Studies, 90(386), pp.387~ (2014)
  17. Anne Gerdes, "Lethal Autonomous Weapon Systems and Responsibility Gaps", Philosophy Study, 8(5), pp.238~ (2018)
  18. "What Are Autonomous Weapon Systems and What Ethical Issue Do They Rise?" (2008)[URL]
  19. Vivek Sehrawat, "Autonomous Weapon System and Command Responsibility", Florida Journal of International Law, 31(3), pp.337~ (2019)
  20. Torben Swoboda, "Philosophy and Theory of Artificial Intelligence 2017" (2018), Springer
  21. Marco Sassoli, "Autonomous Weapons and International Humanitarian Law: Advantages, Open Technical Questions and Legal Issues to Be Clarified", International Law Studies, 90(1) (2014)
  22. Marcus Schulzke, "Autonomous Weapons and Distributed Responsibility", Philosophy & Technology, 26 (2013)
  23. Elliot Winter, "The Accountability of Software Developers for War Crimes Involving Autonomous Weapons: The Role of the Joint Criminal Enterprise Doctrine", University of Pittsburgh Law Review, 83(1) (2021)
  24. Nathan Gabriel Wood, "Autonomous Weapon Systems and Responsibility Gaps: A Taxonomy", Ethics and Information Technology, 25(1), pp.12~ (2023)
  25. Ilse Verdiesen, "Accountability and Control over Autonomous Weapon Systems: A Framework for Comprehensive Human Oversight", Minds and Machines, 31(1), pp.137~ (2021)
  26. Thomas Weigend, "Convicting Autonomous Weapons? Criminal Responsibility of and for AWS under International Law", Journal of International Criminal Justice, 21(5) (2023)
  27. Fareed Mohd Hassan, "AI-Based Autonomous Weapons and Individual Criminal Responsibility under the Rome Statute", Journal of Digital Technologies and Law, 1(2), pp.474~ (2023)
  28. Neha Jain, "Autonomous Weapons Systems: Law, Ethics, Policy", pp.324~ (2016), Cambridge University Press
  29. Jack M. Beard, "Autonomous Weapons and Human Responsibilities", Georgetown Journal of International Law, 45 (2013)
  30. Thompson Chengeta, "Accountability Gap: Autonomous Weapon Systems and Modes of Responsibility in International Law", Denver Journal of International Law & Policy, 45(1), pp.49~ (2016)
  31. Robin Geiß, "Military Operations and the Notion of Control Under International Law: Liber Amicorum Terry D. Gill" (2021), Springer
  32. Jean-Marc Rickli, "The AI Wave in Defence Innovation: Assessing Military Artificial Intelligence Strategies, Capabilities, and Trajectories", pp.12~ (2023), Routledge
  33. "Autonomous Weapon Systems: Technical, Military, Legal and Humanitarian Aspects" (2014)[URL]
  34. "DOD DIRECTIVE 3000.09, AUTONOMY IN WEAPON SYSTEMS" (2023)[URL]
  35. Dong Qingling, "The New Ethics of War: Supervise and Constrain the Lethal Autonomous Weapons Systems (LAWs)", International Review, (4), pp.51~ (2018)
  36. Zhang Huang, "The Development of the Global Autonomous Weapons System and Its Impact on Strategic Stability", International Forum, 23(3), pp.82~83 (2021)
  37. "Artificial Intelligence and National Security" (2020)[URL]
  38. John Haystead, "DARPA’s Mosaic Warfare: Moving to Address the Ever-More-Rapidly-Paced Advances", Changes in Fielded Threat Capabilities, 2020, pp.43(2), 20~
  39. "Ukrainian AI Attack Drones May Be Killing without Human Oversight" (2023)[URL]
  40. "The Convention on Certain Conventional Weapons" (1983)[URL]
  41. Amitai Etzioni, "Happiness Is the Wrong Metric: A Liberal Communitarian Response to Populism", pp.253~ (2018), Springer
  42. "Limits on Autonomy in Weapon Systems: Identifying Practical Elements of Human Control" (2020)[URL]
  43. John Lewis, "The Case for Regulating Fully Autonomous Weapons", The Yale Law Journal, 124(4), pp.1309~ (2014)
  44. Tobias Vestner, "Legal Reviews of War Algorithms", International Law Studies, 97(1) (2021)
  45. Jean-Marie Henckaerts, "Study on Customary International Humanitarian Law: A Contribution to the Understanding and Respect for the Rule of Law in Armed Conflict", International Review of the Red Cross, 87(857) (2005)
  46. "Commentaries by Portugal on ‘Operationalising All Eleven Guiding Principles at a National Level’" (2020)[URL]
  47. Antal Berkes, "The Standard of ‘Due Diligence’ as a Result of Interchange between the Law of Armed Conflict and General International Law", Journal of Conflict and Security Law, 23(3), pp.433~ (2018)
  48. Leng Xinyu, "On the Critical Points of International Law and Policy Regarding Arms Control of Autonomous Weapon System", National Defense Technology, 42(4), pp.46~ (2021)
  49. Annemarie Vazquez, "Laws and Lawyers: Lethal Autonomous Weapons Bring LOAC Issues to the Design Table, and Judge Advocates Need to Be There", Military Law Review, 228(1), pp.109~ (2020)
  50. "Losing Humanity: The Case against Killer Robots" (2012)[URL]
  51. Theodor Meron, "The Humanization of International Law", pp.16~ (2006), Brill Nijhoff
  52. "International Humanitarian Law and the Challenges of Contemporary Armed Conflicts–Recommitting to Protection in Armed Conflict on the 70th Anniversary of the Geneva Conventions" (2020)[URL]
  53. "Responsible Military Use of Artificial Intelligence: Can the European Union Lead the Way in Developing Best Practice?" (2020)[URL]
  54. "Same But Different: Legal Review of Autonomous Weapons Systems" (2024)[URL]
  55. "Introduction to the AI Safety Summit" (2023)[URL]
  56. "Political Declaration on Responsible Military Use of Artificial Intelligence and Autonomy" (2023)[URL]
  57. "Law of War Manual" (2023)[URL]
  58. "Review of the 2023 US Policy on Autonomy in Weapons Systems" (2023)[URL]
  59. Ryan Poitras, "Article 36 Weapons Reviews & Autonomous Weapons Systems: Supporting an International Review Standard", American University International Law Review, 34(2), pp.486~ (2018)
  60. "Questionnaire on the Legal Review Mechanisms of New Weapons, Means and Methods of Warfare" (2019)[URL]
  61. "Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects" (2021)[URL]
  62. "U.S.: New Policy on Autonomous Weapons Flawed—National Policy, New Law Needed to Address Grave Dangers" (2023)[URL]
  63. "First Committee Approves New Resolution on Lethal Autonomous Weapons, as Speaker Warns ‘an Algorithm Must Not Be in Full Control of Decisions Involving Killing’" (2023)[URL]
  64. "AI Principles: Recommendations on the Ethical Use of Artificial Intelligence by the Department of Defense" (2019)[URL]
  65. "Draft Articles on Responsibility of States for Internationally Wrongful Acts, with Commentaries 2001" (2001)[URL]
  66. Cedric Ryngaert, "Netherlands Yearbook of International Law 41", pp.79~ (2010)
  67. James Crawford, "The ILC’s Articles on Responsibility of States for Internationally Wrongful Acts: A Retrospect", American Journal of International Law, 96(4), pp.878~ (2002)
  68. "Mind the Gap: The Lack of Accountability for Killer Robots" (2015)[URL]
  69. Gonzalo Sánchez de Tagle, "The Objective International Responsibility of States in the Inter-American Human Rights System", Mexican Law Review, 7(2), pp.115~ (2015)
  70. Joanna J. Bryson, "Of, for, and by the People: The Legal Lacuna of Synthetic Persons", Artificial Intelligence and Law, 25, pp.275~ (2017)
  71. Michael T. Klare, "Autonomous Weapons Systems and the Laws of War", Arms Control Today, 49(2), pp.6~ (2019)
  72. Markus Wagner, "The Dehumanization of International Humanitarian Law: Legal, Ethical, and Political Implications of Autonomous Weapon Systems", Vanderbilt Journal of Transnational Law, 47(5), pp.1371~ (2014)
  73. "Rule 149. Responsibility for Violations of International Humanitarian Law" (2005)[URL]
  74. Zhang Naigen, "Trial Analysis of the ‘Internationally Wrongful Act’ of the Articles on State Responsibility", The Jurist, (3), pp.100~ (2007)
  75. "Retaining Human Responsibility in the Development and Use of Autonomous Weapon Systems: On Accountability for Violations of International Humanitarian Law Involving AWS" (2022)[URL]
  76. "Human Rights Implications of the Usage of Drones and Unmanned Robots in Warfare" (2013)[URL]
  77. International Court of Justice, "Legality of the Threat or Use of Nuclear Weapons", Advisory Opinion, 259~ (1996)
  78. Christof Heyns, "Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions", Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, 77~ (2010)
  79. Ronald Arkin, "The Political Economy of Robots: Prospects for Prosperity and Peace in the Automated 21st Century", pp.317~ (2018), Palgrave Macmillan
  80. Frances S. Grodzinsky, "Moral Responsibility for Computing Artifacts: ‘The Rules’ and Issues of Trust", Acm Sigcas Computers and Society, 42(2), pp.20~ (2012)
  81. Daniele Amoroso, "Use and Misuse of New Technologies: Contemporary Challenges in International and European Law", pp.217~ (2019), Springer
  82. ICRC, "Ethics and Autonomous Weapon Systems: An Ethical Basis for Human Control?", Arms Control Today, 48, pp.38~ (2018)
  83. "Group of Governmental Experts of the High Contracting Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (Report of the 2018 Session of the Group of Governmental Experts on Emerging Technologies in the Area of Lethal Autonomous Weapons Systems, October 23, 2018)"[URL]
  84. Dale Stephens, "Autonomous Weapon Systems, the Law of Armed Conflict and the Exercise of Responsible Judgment", Pandora’s Box, pp.2~ (2017)
  85. Nehal Bhuta, "The Computer after Me: Awareness and Self-Awareness in Autonomic Systems", pp.253~ (2014), Imperial College Press
  86. Perri Six, "Ethics, Regulation and the New Artificial Intelligence, Part II: Autonomy and Liability", Information, Communication and Society, 4(3), pp.414~ (2002)
  87. Charles Dunlap Jr., "Accountability and Autonomous Weapons: Much Ado about Nothing", Temple International and Comparative Law Journal, 30(1), pp.69~ (2016)
  88. Armin Krishnan, "Killer Robots: Legality and Ethicality of Autonomous Weapons", pp.69~ (2016), Routledge
  89. Ludovic Righetti, "Autonomous Weapon Systems: Technical, Military, Legal and Humanitarian Aspects", Expert Meeting, International Committee of the Red Cross, pp.23~ (2014)
  90. Robert Sparrow, "Killer Robots", Journal of Applied Philosophy, 24(1), pp.69~70 (2007)
  91. J. D. Perovich, "Use of Set Gun, Trap, or Similar Device on Defendant’s Own Property, 47 A.L.R.3d 646 §15", ~ (1973)
  92. Michael Press, "Of Robots and Rules: Autonomous Weapon Systems in the Law of Armed Conflict", Georgetown Journal of International Law, 48(1), pp.1363~ (2016)
  93. "U.S.–China Competition and Military AI: How Washington Can Manage Strategic Risks amid Rivalry with Beijing" (2023)[URL]

관련 논문AI추천

이 간행물의 다른 논문 (4건)