The Law of Targeting’s Mechanisation and Objectivisation through the Use of Artificial Intelligence
The Law of Targeting’s Mechanisation and Objectivisation through the Use of Artificial Intelligence
Abstract
Armed forces are increasingly introducing artificial intelligence (AI) for targeting purposes. This leads to the question of what implications the use of AI technologies will have for the law of targeting under international humanitarian law. This chapter argues that the use of AI in military operations leads to a ‘mechanisation’ and ‘objectivisation’ of the law of targeting. It analyses the relatively indeterminate elements of the law of targeting’s principles and rules of distinction, proportionality in attack, and precautions in attack and defence. It also contrasts them with recent technical developments related to AI by using examples of current technologies. Thereby, it identifies and demonstrates which and how elements of the law of targeting are likely to become more objective through the use of AI. It concludes that the law is subject to an evolutionary process driven by this emerging technology.
Dr Tobias Vestner is the Director of the Research and Policy Advice Department and the Head of the Security and Law Programme at the GCSP. He is an Honorary Senior Research Fellow at the University of Exeter, a Fellow at Supreme Headquarters Allied Powers Europe, and a Non-Resident Fellow at the United Nations Institute for Disarmament Research. He serves as reserve Legal Advisor at the Swiss Armed Forces Staff.
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