The question which then arises is how does one operationalize this ethical concern into a legal provision. The only legal principle which comes to mind is the Martens Clause, given its dependence on the dictates of public conscience. Does though such a general principle suffice to lead to the codification in the future of a …
The legal framework necessary to ensure that any new weapons including LAWS, will be used in compliance with the provisions of International Law has already, been provided by Article 36 of [AP I] and, of course, by the Martens Clause. Statement by Greece under agenda item 5: general debate (GGE LAWS, 9 April 2018)
As we have already outlined, the use of algorithms with the ability of learning in weapons raises concerns which revolve around to their predictability and reliability on the battlefield. Therefore, it is of utmost importance to verify that any weapon with a high degree of autonomy will be tested in all foreseeable scenarios of use …
… the provisions of Article 36 of [AP I] provides us with the necessary framework to ensure that the use of weapon systems will be in compliance with the cardinal principles of IHL in all circumstances of use. Statement by Greece under agenda item 5(a): An exploration of the potential challenges (26 March 2019)
