The Use of Artificial Intelligence in Military Weapons: From the Perspective of Humanitarian Law Principles and Islamic Jurisprudence

Abstract

With the imminent use of artificial intelligence (AI) in weaponry, the human element is being removed from the decision-making loop in attacks conducted by such systems. These systems will soon be capable of independently deciding whether to attack specific targets, replacing human combatants in armed conflicts. This development has raised significant concerns regarding adherence to the principles of humanitarian law in warfare. Accordingly, this study aims to examine the use of AI in military weaponry and the principles of humanitarian law from the perspective of Islamic jurisprudence and international law. The research adopts a descriptive-analytical approach and utilizes a library-based methodology to address the stated question. The findings indicate that the application of AI in military weapons has fundamentally altered the nature of warfare. Given that AI-based military weapons lack human emotions and perceptions, they will undoubtedly create significant challenges in the realm of humanitarian law. Specifically, AI-based military weapons may lead to violations of fundamental principles of humanitarian law, such as the principle of distinction between combatants and non-combatants, the prohibition of unnecessary suffering, the principle of necessity, and the principle of proportionality. The prohibition or regulation of novel means and methods of warfare through multilateral disarmament and arms control treaties could potentially address concerns related to the use of such advanced tools and techniques in warfare.