Panel Event in support of UN Treaty on Autonomous Weapons Systems

Panel Members:

Alexi Drew – Technology Policy Advisor, ICRC Delegation to the UK and the Republic of Ireland.

Ambassador Alexander Kmentt - Director of the Disarmament, Arms Control and Non-Proliferation, Department of the Austrian Foreign Ministry.         

Dr. Elizabeth Minor – Advisor, Article 36, focused on research, policy analysis and advocacy in international forums, covering, inter alia, autonomous weapons, armed drones, explosive weapons in populated areas, and protection of civilians in armed conflict.

Chair: Melanie Ward MP

Summary:

Panel members highlighted need for UK Government to support negotiations under UN auspices for a binding international treaty regulating use and development of autonomous weapons systems (AWS) next year, and role Parliamentarians could play in that regard.

Main Points:

IHL perspective: Alexi Drew explained that though no gap in the law as such, an international treaty on AWS needed to counter the permissive interpretation of the law. She called for:

• Prohibition of unpredictable weapons systems and AWS intended to target humans:

  • difficult to accurately assess whether a person is a permissible target in a war zone;

  • conflict environments are extremely complex and constantly changing – a machine cannot be tested and trained for this.

• Limitations on: Targets; Duration, scope and scale; Situations, e.g., not when civilians likely to be present.

• Requirements on human-machine interactions.

As these provisions already incorporated in UK’s military doctrine, small step for Government to support a UN-backed international treaty.

State perspective: Ambassador Alexander Kmentt highlighted topic’s controversial nature given wide range of state use of AWS, though urgent given on cusp of AI AWS arms race.

• Timeline to date: 2022 - Austria coordinated cross-regional statement at UN; 2023 - Austria lead sponsor of first resolution at UN General Assembly, backed by 160+ states, calling for UN Sec-Gen report; 2024 - report released and Vienna conference for international regulation of AWS.

• IHL dimension the most urgent, also human rights, ethical and security policy considerations.

• Focus needs to be broadened: proliferation, particularly to non-state actors, including terrorists, of serious concern. This being more widely recognised.

• The Convention on Conventional Weapons’ Group of Governmental Experts on Lethal AWS (GGE) in Geneva, involving major military states, discussing AWS from IHL angle and generally raising awareness of related issues since 2016, but now changed context given AWS a reality and window to take preventative action rapidly closing. 

• GGE’s mandate extends until 2026, and focus must shift from discussions to negotiations on an international treaty.

• GGE decisions require consensus but if this not possible, should still move forward. Retrospective action will be very difficult.

• Global South mistaken that they are not affected given AWS will feature in all conflicts.

CSO perspective: Dr. Elizabeth Minor noted Stop Killer Robots Coalition has 250+ member organisations, and focuses on urgent need for a Treaty to ensure meaningful human control of AWS, which is possible and UK could lead on. Broader support for a treaty among states, tech leaders, faith leaders, and wider civil society. Also:

• Erosion of human decision-making in use of force can be devastating for civilians.

• UK Government currently opposed a Treaty, with small minority of others deeply opposed, including Russia and US, but a Treaty would still have considerable humanitarian and normative value.

• House of Lords Committee Report on AWS in 2023 raised important Qs, such as: why is Government not more willing to support global adoption of its own existing position?

• Other weapons treaties, e.g., banning Anti-Personnel Mines, and Cluster Munitions, have not had universal buy-in but still impactful for civilians.

• A treaty would align with UK foreign policy and PM’s statement at UNGA 2024.  

Follow-up discussion:

The UK Government is committed to ethical, legal and responsible use of AWS, and:

• agrees regulation of AWS required;

• disagrees on necessity of a new legally binding instrument, as current law applies to all weapons systems, whether autonomous or not, with use legal or illegal;

• believes legal compliance gap can be addressed by regulation (“guard rails”);

• would like to see an international manual for use of AWS.

Counter-Arguments: If treaties regulating other specific weapons exist, no reason to oppose one for AWS.  Also important to define more clearly acceptable and non-acceptable use of AWS, and meaningful human control.

Noted a historic pattern of UK saying new legislation not needed then eventually supporting it, which could happen here.

Proliferation issue difficult to address given complexity of supply chains and multiple uses of AWS; legislation would therefore need to address companies, individuals etc. who build/share software, which highlights why a legally binding approach essential.

Difficult to see better forum for these negotiations, though UN General Assembly or an individual state could try taking this forward.    

The PHRG is committed to protecting civilians in armed conflicts, including by supporting the adoption of a new treaty to ensure meaningful human control of AWS in conflict situations.  It will continue to follow developments in this area and to call for the UK to back the opening of negotiations to conclude such a Treaty.