Governing Lethal Autonomous Weapons Systems: International Humanitarian Law, Global Governance, and Civilian Protection

Abstract

The rapid development of Artificial Intelligence (AI) has accelerated the emergence of Lethal Autonomous Weapons Systems (LAWS) which change the character of contemporary armed conflict and pose new challenges in terms of global law, humanitarian and governance. Although International Humanitarian Law (HHI) remains the main legal framework governing the conduct of armed conflict, the increasing autonomy of armed systems raises issues regarding accountability, meaningful human control, and the protection of civilians. This study aims to analyze the extent to which HHI equipped with a Global Governance approach  can answer the challenge of using LAWS in ensuring the protection of civilians in contemporary armed conflicts. The research uses a qualitative method with a literature review approach through analysis of international legal instruments, United Nations documents,  reports of the International Committee of the Red Cross (ICRC), and scientific literature on autonomous weapons and AI governance. The results of the study show that HHI is still relevant as a normative foundation, but its implementation faces governance gaps due to the absence of binding international regulations specifically regarding LAWS. In addition, the principle  of distinction faces significant challenges because autonomous systems have the potential to misidentify civilians. From the perspective  of Constructivism, the development of LAWS regulations is influenced by the process of forming international norms involving states, international organizations, and civil society. Therefore, strengthening multilateral cooperation and building human-centered governance mechanisms is an important step to strengthen the protection of civilians in the era of autonomous warfare.