Research On International Humanitarian Law Issues Of Autonomous Weapon System

With the improvement of the level of contemporary science and technology and the ability of military development,more and more advanced weapons have been invented and created by mankind.The autonomous weapon system is one of them.An autonomous weapon system can autonomously select and attack targets without human intervention regardless of whether it is in the air or in the ocean.Although autonomous weapons systems can reduce the casualties of combatants on both sides of an armed conflict to some extent,they also increase the potential threats,entrusting the enemy's life and death to the robot system rather than being controlled by humans.This dehumanizing deadly decision-making act has created a huge challenge to traditional international humanitarian law.The use of autonomous weapon systems has,to a certain extent,blurred the boundary between "combatants" and "weapons" in traditional armed conflicts.Although many scholars still regard the autonomous weapon system as a category of “weapons” in the world,in a sense,the autonomous weapon system has surpassed the scope of traditional weapons and is an automated system equipped with weapons or control weapons.In addition,the use of autonomous weapons systems has also had a certain impact on several major principles of international humanitarian law.The principle of distinction,the principle of proportionality,and especially the Martensian principle,can these basic principles of international humanitarian law be respected by an autonomous robot? Finally,it is the question of responsibility.The legal status of autonomous weapons systems in international humanitarian law has led to difficulties in accountability.Therefore,relative to the development of science and technology,the lag in law is once again reflected.However,no matter how high-tech products are used in armed conflicts,as long as armed conflicts occur,they must be regulated by international humanitarian law.How to use the existing legal principles to regulate emerging issues based on the existence of legal lag,so that we can use the autonomous weapon system reasonably and lawfully in the future battlefield.Therefore,the research direction of this article has a dual meaning of reality and theory.In order to study the issue of international humanitarian law in the use of autonomous weapon systems,this paper takes the development status of the autonomous weapon system and the dilemma as the starting point,expounds the historical inevitability of thebirth of the autonomous weapon system and the excellent military effectiveness,and analyzes it accordingly.Three important challenges to autonomous weapons systems for international humanitarian law.First,the first challenge is about the legal nature of the autonomous weapon system.Does the autonomous weapon system fall into the category of“weapons” in traditional armed conflicts,or can the autonomous weapon system be attributed to the ranks of “combatants” under international humanitarian law? By specifically comparing the difference between the autonomous weapon system and conventional and non-conventional weapons under international humanitarian law,and between the autonomous weapon system and combatants,the author attributes the legal nature of the autonomous weapon system to a new type of combat means and method.Although there are no specific international treaties and agreements on autonomous weapon systems,its emergence is still subject to the regulation and review of international humanitarian law.Second,the second challenge is about whether the autonomous weapon system can comply with the rules of engagement under international humanitarian law.By collecting and analyzing a large amount of research data,the author concludes that if the autonomous weapon system does not fail again,it is completely capable of conducting combat attacks according to the rules of pre-learning,but the battlefield is changing rapidly,and it is difficult to ensure that the autonomous weapon system is There will be no damage in combat,so there are certain obstacles to the autonomous weapon system to comply with the rules of engagement from beginning to end.And no matter how the autonomous weapon system is used,its deadly behavior of humanization cannot be examined by the Martens Clause.Finally,the third challenge is the issue of accountability for autonomous weapons systems.If an autonomous weapon system is used in an armed conflict,it will inevitably lead to problems of accountability.The status of international humanitarian law in the autonomous weapon system has led to illegal international humanitarian law in the use of autonomous weapons systems,and may face a situation of “accountability vacuum”or “accountability confusion”.Whether from the level of state responsibility or from the perspective of individual international criminal responsibility,the use of autonomous weapon systems will have a certain impact on the issue of responsibility in international humanitarian law.Therefore,in order to regulate the use of autonomous weapon systems,the author suggests that at the domestic level,the state should fulfill its strict review obligations in the research and development,deployment,and use of autonomous weapon systems,and establish a sound review mechanism for autonomous weapons systems at an early stage;At the level,the international community should gradually clarify the state responsibility and personal responsibility caused by the use of the autonomous weaponsystem,and implement the illegal liability arising from the use of the autonomous weapon system.