نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشآموخته کارشناسی ارشد حقوق بین الملل، دانشکده حقوق پیام نور تهران، ایران
2 استادیار گروه فقه و حقوق پژوهشکده امام خمینی و انقلاب اسلامی، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Introduction
Following the emergence of artificial intelligence on the global technological stage, its application in military weaponry—which, unlike traditional programming models, can learn how to perform a task through machine learning (i.e., training and post-use feedback)—poses a fundamental challenge to the principle of human control within International Humanitarian Law (IHL). IHL seeks to regulate the conduct of parties to armed conflict and mitigate unnecessary suffering (while acknowledging the military necessity of weakening the adversary). Since the inherent capacity for continuous "learning" from the environment renders the behavior of a machine learning system and its processing of new inputs unpredictable and inscrutable, the very possibility of meaningful human control over such systems, characterized by unpredictable behavior and opaque decision-making processes, is called into serious doubt. An even more profound question arises: are machine learning systems inherently dependent on human control to ensure compliance with IHL in the first place?
Methods
This article first provides a technological overview of autonomous learning systems, explicating their capabilities for continuous learning, analysis, and adaptation based on experience, alongside their opaque decision-making processes and unpredictable outcomes. This analysis establishes how these characteristics complicate the exercise of meaningful human control. Subsequently, by examining a system's capacity to rapidly process vast datasets and employ them in making strategic and precise decisions, the article demonstrates the significant potential of such systems to enhance overall compliance with IHL.
Results and Discussion
Machine learning is now deployed across a broad spectrum of military activities, primarily by reducing the rate of erroneous actions and reactions in complex environments. Relying on deep learning and reinforcement learning, these systems have transcended human limitations in solving complex battlefield problems. Unencumbered by human cognitive constraints and biases, they prove far more efficient at generating innovative solutions. However, this very capability renders machine behavior, both pre- and post-event, unpredictable and incomprehensible. This opacity may impede adherence to IHL's precautionary requirements, including the duty of constant care. Regarding the role of human control in fulfilling this duty, three principal theories are debated: "meaningful human control," "the necessity of human intervention prior to attack decisions," and "the possibility of eliminating prior human intervention."
Under the third theory, given that the decision-making of learning systems in sensitive situations is founded upon big data and processes opaque to human understanding, direct human supervision or intervention is rendered practically meaningless. Crucially, however, even absent human comprehensibility and direct control, such systems might be capable of making targeting decisions that are more compliant with IHL than those made by human-controlled systems. This potential superiority may stem from their ability to process and analyze immensely larger volumes of data with precision and speed exceeding human faculties. Consequently, their use should not be prohibited solely on the grounds of precluding meaningful human supervision, unless conclusive evidence is presented establishing the absolute necessity of such oversight.
Conclusion
The deployment of machine learning-based autonomous systems in combat reveals the imperative to redefine "meaningful human control." The findings indicate that under certain conditions, these systems can operate in accordance with IHL principles without direct human supervision, while in others, human control remains essential to guarantee compliance. The conventional wisdom that "more human control is invariably better" requires reassessment. The focus must shift toward ensuring "acceptable predictability" in system performance, such that it aligns with IHL standards and remains evaluable. This framework clarifies the pathways for system design, testing, and certification, applying human oversight at the most consequential stages.
Ultimately, through responsible design and deployment, learning systems can harness technological capabilities to reduce civilian casualties while upholding core IHL principles, such as military necessity and the mitigation of unnecessary harm. The proposed approach establishes an equilibrium between technological capability and human responsibility, enabling the optimal utilization of novel technologies within the bounds of International Humanitarian Law.
کلیدواژهها [English]
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