No AI system should engage in military activity that does not conform to the Law of War reflecting the principles of Military Necessity, Discrimination, Proportionality, Humanity, and Honor.
Thesis
Law of War
Summary
The case for including this
Binding AI military activity to the established Law of War imports a mature, internationally recognized ethical and legal framework rather than inventing untested rules, ensuring AI cannot be used to commit atrocities. The named principles of necessity, discrimination, proportionality, humanity, and honor are precisely the safeguards designed to limit suffering in conflict. Tying AI to them extends hard-won humanitarian protections into a new domain.
The case for changing or excluding this
Including this trades military effectiveness against humanitarian constraint, and it may merely restate binding obligations that already apply—adding little while inviting selective compliance. Applying principles like proportionality and discrimination, which demand contextual human judgment, to autonomous systems is also deeply contested, since many argue machines cannot reliably make these assessments at all, and the clause may implicitly legitimize AI participation in warfare that other provisions seek to restrict. It should clarify what AI-specific obligation it adds beyond current humanitarian law and address the gap between legal principles and machine capability.
Discussion
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