Interpretative Problems of an Autonomous Weapons System under the Arms Trade Treaty and International Humanitarian Law

Abstract

Currently, lethal autonomous weapon (LAW) systems are used internationally. Incorrect deployment would threaten national peace and international security. The New York Arms Trade Treaty (ATT) of 2013 requires adaptation to address the case of buying or selling LAW systems against written rules. No provisions in ATT explicitly governed the use of such weapons in writing. It is therefore imperative to adopt an evolutionary approach to treaty interpretation to discern the intent of the State Parties according to the Vienna Convention on the Law of Treaties (1969). In cases of armed conflict in international affairs, arms trafficking treaties may be limited or uncomprehensive. Therefore, international humanitarian law is used in such cases.

These findings suggest that to control LAW system use, such weapons should be prohibited from being employed against opponents in situations of armed conflict, or clear guidelines should be outlined for creating artificial intelligence control of automatic weapons which could be enforced on states under The New York Arms Trade Treaty (ATT) of 2013 and international humanitarian law to cohere with current use in weapon-related events and these rules must be supported by the present and future parties to relevant treaties.