Is wearing these sunglasses an attack? Obligations under IHL related to anti-AI countermeasures

Abstract

As usage of military artificial intelligence (AI) expands, so will anti-AI countermeasures, known as adversarials. International humanitarian law offers many protections through its obligations in attack, but the nature of adversarials generates ambiguity regarding which party (system user or opponent) should incur attacker responsibilities. This article offers a cognitive framework for legally analyzing adversarials. It explores the technical, tactical and legal dimensions of adversarials, and proposes a model based on foreseeable harm to determine when legal responsibility should transfer to the countermeasure's author. The article provides illumination to the future combatant who ponders, before putting on their adversarial sunglasses: “Am I conducting an attack?”