The presence of bias in artificial intelligence (AI) systems has been widely discussed in recent years following reports of racial and gender bias in applications destined for the civilian sector. In parallel, conversations have taken place on how bias could manifest in intelligent systems destined for military use. This concern has been reflected in several of the ethical guidelines and principles for responsible AI published by States and international organizations. Many of these publications include the principle of bias mitigation, which calls for the minimization of unintended bias in the development and use of AI applications.

Although bias is primarily a technological issue, it has wider consequences, including in the legal sphere. This post explores the legal implications of bias in AI systems used by armed forces. Specifically, it analyzes its possible ramifications for the international humanitarian law (IHL) principles of distinction, proportionality and precautions in attack.