VIII. Good Practices Related to Human-Machine Interaction
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26. At various stages of the life-cycle of a weapon, the following good practices related to human-machine interaction can strengthen compliance with international humanitarian law, strengthen accountability, and mitigate risks in the use of weapons systems based on emerging technologies in the area of LAWS:
(a) Conducting legal reviews (2019 GGE Report 23b), including the practices described in paragraph 30;
(b) Conducting rigorous testing and evaluation of systems (2019 GGE Report 23b), such as to ensure that they function as anticipated in realistic operational environments
(c) Providing for physical security and appropriate non-physical safeguards, including cyber security against hacking or data spoofing (Guiding Principle (f));
(d) Incorporating readily understandable human-machine interfaces and controls (2019 GGE Report 23b);
(e) Establishing policies, doctrine and procedures (based on 2019 GGE Report 23b), such as guidance on the ethical development and use of emerging technologies;
(f) Training personnel (2019 GGE Report 23b), such as training to enable system operators and commanders to understand the functioning, capabilities, and limitations of the system’s autonomy in realistic operational conditions;
(g) Ensuring a domestic legal framework under which a State can hold its personnel accountable;
(h) Circumscribing weapons use through appropriate rules of engagement (2019 GGE Report 23b);
(i) Conducting operations under a responsible command;
(j) Reporting incidents that may involve violations;
(k) Conducting assessments, investigations, or other reviews of incidents that may involve violations; and
(l) Taking measures to mitigate the risk of unintended engagements, such as those described in paragraph 35.
IX. Legal Reviews
27. In accordance with States’ obligations under international law, in the study, development, acquisition, or adoption of a new weapon, means, or method of warfare, including such potential weapons systems based on emerging technologies in the area of LAWS, determination must be made whether its employment would, in some or all circumstances, be prohibited by international law (based on Guiding Principle (e)).
28. Legal reviews, at the national level, in the study, development, acquisition, or adoption of a new weapon, means, or method of warfare are a useful tool to assess nationally whether potential weapons systems based on emerging technologies in the area of LAWS would be prohibited by any rule of international law applicable to that State in all or some circumstances. States are free to independently determine the means to conduct legal reviews, although the voluntary exchange of best practices could be beneficial, bearing in mind national security considerations or commercial restrictions on proprietary information (2019 GGE Report 17i).
29. Weapons systems based on emerging technologies in the area of LAWS under development, or modification that significantly changes the use of existing weapons systems, must be reviewed as applicable to ensure compliance with international humanitarian law (based on 2018 GGE Report 23(c)).
30. Legal reviews of weapons systems based on emerging technologies in the area of lethal autonomous weapons systems can include the following good practices:
(a) The legal review considers whether the weapon is of a nature to cause superfluous injury or unnecessary suffering, or if it is inherently indiscriminate, or is otherwise incapable of being used in accordance with international humanitarian law (Building on and implementing paragraph 10 above).
(b) If the use of the weapon is not prohibited, the legal review considers whether the use of the weapon is subject to the rules in any CCW Protocols or other rules applicable to certain types of weapons, applicable to the State in question.
(c) The legal review is conducted with an appropriate understanding of the weapons’ capabilities and limitations, its planned uses, and its anticipated effects in those circumstances.
(d) The legal review advises on potential practical measures that would assist in ensuring compliance with international humanitarian law, such as the practices described in paragraph 26.
Principles and Good Practices on Emerging Technologies in the Area of Lethal Autonomous Weapons Systems: Proposed by Australia, Canada, Japan, the Republic of Korea, the United Kingdom and the United States (8 August 2022) CCW/GGE.1/2022/WP.2
