Where and how to draw the line to determine what [AWS] would be lawful or not?
… the article 36 review process is critical in this process of determining whether a weapon system is capable of being used in compliance with IHL. As the Netherlands has pointed out throughout this GGE, having established that a weapon system can be used lawfully through the article 36 weapons review might also entail certain restrictions on their use, which need to find their way into manuals and instructions to commanders and operators. In other words, determining whether a weapon system, including those with autonomous functions, can be
used in compliance with IHL, and thus be considered lawful, needs to be done on a case-by-case basis.
How would the analysis of existing weapons systems help elaborate on the range of factors that should be considered in determining the quality and extent of human-machine interaction/human control/human judgment?
The Netherlands is of the view that this is perhaps one of the most important questions and should guide our thinking the way ahead. The Group should analyze what is already known on the basis of facts and what is in existence instead of trying to make future predications regarding systems that might never be produced. How MHC is exercised can for example be shown through the Goalkeeper system, which is in use by the armed forces of the Netherlands. This system is a close-in weapon system (CIWS) already introduced in 1979. Similar systems are in use by various high-contracting parties. It is a weapon system for short-range defence of ships against highly maneuverable missiles, aircraft and fast-maneuvering surface vessels. The system can independently perform the entire process from surveillance and detection to destruction, including selection of the next priority target. This is done on the basis of search and track radars, in other words sensors. The system could be considered an autonomous weapon system under the scope of our discussion, depending on the outcome of the discussion in the GGE LAWS with regard to the characteristics of autonomous weapons systems. In the view of the Netherlands, this weapon system operates under MHC and the system is therefore capable of being used in accordance with the IHL and other legal obligations of the Netherlands. Throughout the life-cycle of this system, MHC has been exerted inter alia through its designing and testing phase, the article 36 review of the system and the training of personnel training and operating the system. In case this weapon system is deployed during an armed conflict, an autonomous launch of its munitions against an incoming enemy missile would be in accordance with IHL obligations. It is thus clear that there are examples of weapons with autonomous functions imaginable, in fact, some types of systems with autonomous functions under MHC are already in use today.
