Article 1: Preventing Autonomous Weapon Systems That, By Their Nature, Are Incapable of Use in Accordance With IHL
IHL prohibits the use of an autonomous weapon system if it is of a nature to cause superfluous injury or unnecessary suffering, if it is inherently indiscriminate, or if it is otherwise incapable of being used in accordance with IHL. To prevent the development and use of such systems that cannot, under any circumstances, be used in compliance with IHL:
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2. Autonomous weapon systems may only be developed such that their effects in attacks are capable of being anticipated and controlled as required in the circumstances of their use, by the principles of distinction and proportionality. Measures during development to this end should include the following:
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(b) Legal reviews that consider, inter alia, whether the autonomous weapon system is capable of use in accordance with the principles of distinction and proportionality;
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Draft articles on autonomous weapon systems – prohibitions and other regulatory measures on the basis of international humanitarian law (“IHL”): Submitted by Australia, Canada, Japan, the Republic of Korea, the United Kingdom, and the United States (6 March 2023) CCW/GGE.1/2023/WP.4 and (13 March 2023) CCW/GGE.1/2023/WP.4/Rev.1
