The Role of Artificial Intelligence in Kinetic Targeting from the Perspective of International Humanitarian Law

Abstract

The use of artificial intelligence (AI) in kinetic targeting is an emotive issue. Human Rights Watch (HRW) is a prominent campaigner against Lethal Autonomous Weapons Systems (LAWS) and has expressed concern these systems are fundamentally at odds with the international humanitarian law (IHL) framework for armed conflict. This framework places human control over the use of lethal force at the very heart of the targeting process. HRW asserts that the ceding of human control to AI-enabled capabilities may undermine and gradually erode the IHL framework, leaving the battlespace legally ungoverned and civilians unprotected. Concerns about the military use of AI have been exacerbated by the actions and narratives of some nations that are perceived as competing in an Al arms race. However, the debate about AI has been clouded by the fact that it focuses excessively on LAWS and human control. As a result, very little consideration is given to other potentially positive uses of AI technology in targeting. These include AI s role in Intelligence, Surveillance and Reconnaissance and Information Operations. This paper seeks to present a more nuanced examination of the role of AI in kinetic targeting and how it may affect compliance with IHL. The legal, ethical and technical arguments against and in favour of the use of AI will be examined. Finally, a way forward on this complex and emotive issue is proposed that offers a means to reinforce IHL whilst accepting that advances in technology will continue.