Legal Analysis of Using Smart Weapons in Armed Conflicts Based on the Principles of International Humanitarian Law

Abstract

Objectives: This study aims to define the concept and classifications of smart weapons as a preliminary step toward examining their legal status under the principles of International Humanitarian Law (IHL). The topic was selected due to its contemporary relevance and the evolving nature of these weapons, which continuously reshape how humans interact with armed conflicts and make decisions regarding the use of force in military operations.

Methods: The research adopts both analytical and descriptive approaches. It analyzes the core principles of IHL, assesses the nature of smart weapons in light of these principles, and examines the extent of their compliance with IHL rules. This dual approach aims to prevent violations of the law under the pretext of the weapons’ inherent nature and operating mechanisms, and to ensure that the supremacy of humanitarian principles is not undermined. The descriptive method is also used to illustrate the current and near-future state of warfare, its innovations, and the variation in outcomes based on the weapons employed.

Results: The study proposes a new criterion for classifying smart weapons and concludes that there can be no assurance that these weapons can fulfill the objectives of IHL principles. It strongly recommends the prohibition of smart weapons capable of independently conducting military operations.

Conclusion: Smart weapons encompass advanced weapons and their digital systems. The study calls for a genuine international initiative to adopt a new treaty specifically dedicated to regulating smart weapons and their operational systems, in order to address current legal gaps. It also advocates for the development of a more precise and robust mechanism of legal accountability for violations resulting from the use of smart weapons and their systems.