Autonomous and AI-enabled weapons systems in Danish weapons reviews

New challenges and requirements to the implementation of the obligation to conduct legal reviews of new weapons, means and methods of warfare

Autonomous weapons systems and artificial intelligence are becoming increasingly commonplace on modern battlefields. However, these systems raise a host of unresolved challenges in relation to compliance with the law of armed conflict. Although the legal debate about autonomous weapons systems has primarily revolved around the challenges related to their use – not least their alleged lack of ability to comply with the principles of distinction and proportionality – it is becoming increasingly clear that they also pose challenges to the conduct of legal reviews under art. 36 of Additional Protocol 1 to the Geneva Conventions and customary international law. Based on a thorough review of the technical aspects of autonomy in weapons systems and the various formal and material requirements to the Danish weapons review procedure, the report identifies several challenges that are unique to the conduct of reviews of autonomous weapons systems due to their complexity and ability to select and engage targets without the need for human input after activation.

Overall recommendations: Denmark should review and adjust the existing framework for legal reviews to meet the new requirements and challenges posed by autonomous and AI-enabled weapons systems

The report recommends a revision of the organizational structure and procedures for weapons reviews,

in order to ensure that they are sufficiently robust and agile to handle the special requirements for the review of autonomous and AI-enabled weapons systems. This finding is based on the report’s finding of multiple new challenges that flow directly from the complexity of such systems and the changes in the human role in selection and engagement of targets that they represent. The recommended revision and adjustment include the establishment of a separate, enhanced review procedure for autonomous weapons, special focus on procedures and standards for review-related test and evaluation of autonomous and AI-related weapons systems, initiatives to develop and maintain specialized personnel and knowledge and increased engagement in regional and international cooperation on legal reviews of weapons.