From Nuclear Weapons to Artificial Intelligence (AI) Based Weapons in Armed Conflicts, A Comparative Analysis of Development of Laws on Nuclear Weapons and AI-Based Weapons in Armed Conflicts

Abstract

AI-based weapons are now becoming a challenge for international humanitarian law. Various States and non-state actors are trying to improve international humanitarian law to address these challenges. Therefore, this research attempts to consider this issue from a different point of view by comparatively analysing how laws regarding nuclear weapons have developed, and what challenges have been faced during that time, thereby using that knowledge to provide suggestions for required regulatory measures for AI-based weapons. Overall, this research will provide a holistic view of both existing laws on AWS and nuclear weapons. The absence of an agreed list of weapons that are indiscriminate, and harmful to civilians or civilian properties due to decreasing human control was a major issue identified in this research and the author suggests that making such a list will lay a foundation for the development of future legal instruments.