AI in the military domain refers to the use of artificial intelligence in military systems and operations, including autonomous weapon systems, military decision-support systems, cyber operations and capabilities, logistics, surveillance and intelligence analysis.
Does international humanitarian law apply to AI in warfare?
Yes. IHL applies to all means and methods of warfare, including the use of AI technologies. Any use of force must comply with IHL principles and rules, such as distinction (between civilians and civilian objects on the one hand, and combatants and military objectives on the other), proportionality and precautions.
Why is the ICRC concerned about the use of AI in the military domain?
The ICRC is concerned that the use of AI in the military could accelerate the pace and scale of warfare, increase unpredictability and reduce human control over the use of force, creating serious risks for civilians.
AI systems are particularly vulnerable to failure in adversarial environments, where opponents may deliberately try to deceive or manipulate the systems, such as by tampering with data or exploiting weaknesses.
The ICRC emphasizes a human-centred approach because humans – not machines – remain legally responsible for decisions involving the use of force. Human judgement is essential to ensuring compliance with IHL and protecting civilians. AI systems should support human decision-making, rather than impair or replace it.
What are the main applications of AI in the military domain which raise particular concern?
The ICRC has identified three applications of AI in the military domain that pose significant risks:
- Autonomous Weapon Systems (AWS): these systems, once activated, can autonomously select and engage targets without further human intervention.
- AI Decision-Support Systems: these systems process vast amounts of data to assist military decision-making, but they carry risks related to inherent unreliability and unpredictability, as well as human over-reliance on the system’s outputs.
- AI in Information and Communication Technologies: AI is increasingly being used in cyber operations and integrated in cyber capabilities, with the potential to increase the scale of cyber-attacks, while also changing their nature and severity, especially in terms of adverse impact on civilians and civilian infrastructure.
Can technology companies become military targets if they support military operations?
Under IHL, technology companies and their employees are, prima facie, civilian objects and are protected against attack. Such protection can, however, be lost if the company’s personnel carry out certain activities or if the company’s property is used in certain ways. For instance, where specific tech company infrastructure or services are used by a warring party to make an effective contribution to military action and its total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage to the adversary, it becomes a military objective.
The ICRC therefore encourages technology companies to carefully assess how their products and services might be used in armed conflict. Companies should also take steps to avoid contributing to violations of IHL and to mitigate the risks their technologies may pose to civilians.
Does the ICRC engage with technology companies developing AI systems for use in the military domain?
Yes, the ICRC actively engages with technology companies and other stakeholders involved in the development of AI systems. These discussions focus on familiarising these companies with IHL, including how their services and activities may expose their staff, assets and customers to harm. They also focus on how AI systems can be designed and developed to better support compliance with IHL and reduce civilian harm.
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