AI’s revolutionizing of warfare has been compared to the advent of the nu-clear bomb. Machine learning technology, in particular, is paving the way for future automation of life-or-death decisions in armed conflict.

But because these systems are constantly “learning,” it is difficult to predict what they will do or understand why they do it. Many therefore argue that they should be prohibited under international humanitarian law (IHL) because they cannot be subject to meaningful human control.

But in a machine learning paradigm, human control may become unnecessary or even detrimental to IHL compliance. In order to leverage the potential of this technology to minimize casualties in conflict, an unthinking adherence to the principle of “the more control, the better” should be abandoned.

Instead, this Article seeks to define prophylactic measures that ensure machine learning weapons can comply with IHL rules. Further, it explains how the unique capabilities of machine learning weapons can facilitate a more robust application of the fundamental IHL principle of military necessity.

Continue reading Machine Learning Weapons and International Humanitarian Law: Rethinking Meaningful Human Control