CROSSING BOUNDARIES: AUTONOMOUS WEAPON SYSTEMS AND THE CHALLENGE OF IHL COMPLIANCE

The introduction of autonomous weapon systems (AWS) marks a transformative juncture in the modern landscape of warfare. Promising operational efficiency, enhanced soldier safety, cost reduction, and workforce minimization, these systems have ignited a global discourse concerning their compliance with international law and the necessity of comprehensive regulation. This study delves into the multifaceted challenges associated with the deployment of AWS within the context of International Humanitarian Law (IHL) while evaluating their alignment with the principles of IHL, especially in terms of direct participation in hostilities (DPH). The research begins by establishing a fundamental understanding of autonomy, delineating the criteria that define AWS, and addressing their legal categorization—whether they constitute a method of warfare or serve as a replacement for combatants. By employing a diverse range of research methodologies encompassing system analysis, comparative legal analysis, synthesis, comparison, analogy, deduction, classification, interviews, and case studies, this study provides a comprehensive examination of the intricate AWS-IHL relationship. Further depth is added to the theoretical analysis through real-world case studies, including the STM Kargu-2 and the United Nations (UN) expert group's involvement in Libya, offering practical insights into the challenges posed by AWS in armed conflicts. Additionally, consideration is given to the SGR-A1, an autonomous system employed for border safeguarding, further illuminating the complexities of AWS in practice. This research aims to provide a nuanced and insightful understanding of the pressing regulatory and challenges arising from the utilization of AWS within the contemporary framework of IHL.