Analysis of the Positions Held by Countries on Legal Issues of Lethal Autonomous Weapons Systems and Proper Domestic Policy Direction of South Korea

Abstract

Lethal Autonomous Weapons Systems (LAWS) are being developed by major countries as a core value of future war. The international community is actively discussing the legal issues and regulatory methods of LAWS at the Group of Government Experts (GGE) meetings hosted by the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (CCW). The main purpose of the first part of this paper is to compare and analyze countries’ positions on each issue at the above GGE. At the GGE, there are contrasting stances between those supporting and opposing strict regulations on LAWS. A consensus was not reached on the definition of LAWS and the necessity to create a new treaty that regulates LAWS. However, most countries and NGOs are trying to find a methodology for autonomous weapons to comply with international humanitarian law through “human elements.” It is difficult to expect the creation of a new treaty, so the recent GGE has emphasized the solution through Article 36 of Additional Protocol I. Based on the discussions at the GGE, the second part of this paper will examine the proper policy direction that South Korea can set for LAWS. The issues and trends discussed in the GGE need to be fully understood by government policy makers and defense industry experts. In addition, in order to clarify the implementation of Article 36, it is possible to use a method to prepare regulations in domestic laws or codes of conduct to test compliance with international laws on new weapons including LAWS. As to whether or not to create the new treaty, diplomatic channels can carefully consider options for participating in Europeanled political declarations. Finally, an accurate understanding of the U.S. position on LAWS regulations is needed, and government-led research and development can play an important role in promoting international solidarity among allies.