AWS Diplomacy Report, Vol. 1, No. 1
Editorial: Building Momentum to Ban AWS
7 May 2024
Laura Varella | Reaching Critical Will, Women's International League for Peace and Freedom
On 29 and 30 April, Austria hosted the international conference “Humanity at the Crossroads: Autonomous Weapons Systems and the Challenge of Regulation.” For two days, states, civil society, and academia discussed the risks posed by autonomous weapon systems (AWS) and how to address them. More than 140 states were present in the meeting, and over 1000 participants. Throughout the Conference, a message was clear: we urgently need to start negotiations of a legally binding instrument.
Full picture of concerns raised by AWS
For those accustomed to follow the Group of Governmental Experts on Lethal Autonomous Weapons Systems (GGE on LAWS) of the Convention of Conventional Weapons (CCW), the discussions in this Conference proved to be far more diverse. A broad range of ethical considerations were addressed across panels, including the dehumanisation of targets, algorithmic bias, data extraction, and the erosion of moral agency, among others. The human rights framework was also explored, as well as transparency, accountability, participation, non-discrimination, and responsibilities of the private sector. Additionally, the panellists addressed wider questions around artificial intelligence (AI) in the military domain and large-scale data processing.
The full picture of concerns provided by this in-depth discussion demonstrated it is essential to retain human control over the use of force. Panellists explored the components of meaningful human control under international humanitarian law (IHL), particularly the need to predict the outcome of the attack in order to limit its effects. Most speakers agreed on the need to regulate AWS through legally binding prohibitions and regulations.
Preventing an arms race and harmful geopolitical dynamics
The challenges posed by the geopolitical context were also addressed in several panels, particularly the concerns associated with an AI arms race. Going beyond discussions on AWS, panellists questioned the underlying notions of security that rely on their development in the first place. Ms. Elina Noor, Senior Fellow of the Asia Programme of Carnegie Endowment for International Peace, critiqued the notion of “national security” and the geopolitical dynamics between militarised states and the global majority, underscoring that “security for one is really insecurity, death, destruction, and trauma for another.”
Participants also debated the current scenario in which international law is blatantly disregarded by heavily militarised statesr. In this context, the development of a treaty banning autonomous weapons systems was seen by Ms. Jimena Viveros, Member of the United Nations High-level Advisory Body on AI Chief of Staff and Head Legal Advisor of the Mexican Supreme Court, as an “opportunity to rebuild trust in the legal system.” Beyond that, Ms. Mary Ellen O‘Connell, Robert & Marion Short Professor of Law and Professor of International Peace Studies of Kroc Institute at University of Notre Dame, said that the treaty “is a golden opportunity to reconsider and recapture authentic international law in the war and peace area.”
Need for action outside of the CCW
The convergence around the urgent need to start negotiations of legally binding instrument across panels demonstrated that momentum towards this goal has finally arrived. After more than ten years of discussions in the GGE, without meaningful progress due to the misuse of the rule of consensus, the strong calls across panels for the start of negotiations were certainly welcomed.
However, in their national statements, governments did not demonstrate the same commitment in making progress. Several states reiterated that the CCW is the most appropriate forum to address AWS, even though the body has failed to even adopt the rules of procedure in the past. While some well-intentioned states put their faith in the recently agreed three-year mandate of the GGE, others are using this time to continue developing AWS without any regulations.
It is past time that the calls to address the risks posed by AWS are followed by concrete action. While the current geopolitical scenario presents challenges, it is important to build on previous successes, for example with landmines, cluster munitions, and nuclear weapons. It is time to take this issue to a more democratic forum, like the UN General Assembly, and to begin negotiations now.
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