შეიარაღებული კონფლიქტის რობოტიზაცია ავტონომიური იარაღის სისტემის გამოყენებით: კაცობრიობის დაცვის თანამედროვე მეთოდი თუ საერთაშორისო ჰუმანიტარული სამართლის დარღვევა?

Abstract

As a result of technological progress, artificial intelligence has shifted from science fiction to armed conflicts, and there have been arisen new challenges, including the problem of legal resolving the issue. At the same time, there has been appeared many opponents in the international arena against the use of robots in an armed conflict, along with supporters. The great powers of the world, in parallel with the production of autonomous weapons, are trying to develop domestic standards that will be in line with the principles of international humanitarian law. The advent of the new type of weapon has changed the attitude of the international community towards the classification of weapons. States and international organizations have begun to think about adopting new regulations and concluding new international treaties. There has arisen a question: who should be held criminally responsible for crimes committed through the autonomous weapons system? The international community has been challenged to determine what the autonomous weapons system is ultimate - a modern method of protecting humanity or a violation of international humanitarian law. It is not easy to answer this question and it needs to be seen through the common prism of international humanitarian law. The combination of various academic articles, international legal acts, and court decisions reveals the following main findings: 1. The production of autonomous weapons, despite great interest, also has several critics who argue that the use of artificial intelligence in armed conflict will primarily increase the risks of disproportionate harm to civilians and, on the other hand, threaten international peace and security. 2. It is true that the issue of the use of autonomous weapons is not regulated individually by any international treaty, but to some extent, it is already possible to bring it within the framework of existing legal mechanisms. 3. As for the use of autonomous weapons in accordance with the basic principles of international humanitarian law, nowadays the lethal autonomous weapons system cannot adhere to the principle of proportionality, although it may not contradict the principles of military necessity, discretion, and humanity, it is better to refrain from using of it until the problem is solved. 4. There are currently no guidelines on the use of an autonomous weapons system in naval and air-armed conflicts. No international treaties are providing for the protection of the natural environment and cultural heritage in the context of the use of an autonomous weapons system in an armed conflict. 5. In the part of imposing criminal liability for crimes committed with an autonomous weapons system, there was revealed that, despite the degree of its autonomy, it is inadmissible to impose liability on the robot. To charge an individual for a crime committed with an autonomous weapons system, the latter should be only semi- autonomous.