Principles of International Humanitarian Law that are in line with AWS

The presence of new weapons in warfare is actually regulated in Article 36 of Additional Protocol I of 1977, which essentially prevents weapons that potentially violate IHL and also serves as a limitation in the use of weapons to continue to prioritize IHL provisions in their use, of course with feasibility testing before the weapon is applied in real conditions in the field. This article states that "in the development or acquisition of new weapons, the participating states must determine whether their use under certain conditions would be prohibited by this protocol or other international humanitarian law." Thus, Article 36 of Additional Protocol I acts as a preventive mechanism to restrain the rate of use of weapons that have the potential to cause violations of humanitarian law. Through legal feasibility testing(legal review)of new weapons such as AWS, the state is not only required to assess the technical aspects of the effectiveness of the weapon, but also to consider whether the use of the weapon can be consistent with the humanitarian values protected by IHL. According to Noel E. Sharkey, a Professor in the field ofArtificial Intelligence and Robotics and Public Engagementat the University of Sheffield, there are currently around 50 countries that are developing AWS specifically for the purposes of armed conflict, such as the United States, Russia, China, and most developed countries in Asia and Europe. AWS is needed to adapt to the development of modern warfare systems, so it is inevitable that the use of AWS will become more existent in the future, and the best solution to deal with this is to provide legality and a clear position within the corridor of international humanitarian law so that it remains in line with the principles of international humanitarian law. Next, let's explore the principles of humanitarian law, from the perspective of the use of AWS.Necessity Principle, which can be found in Article 23 of the Hague Convention and Article 35 paragraph 2 of Additional Protocol I of 1977 that the parties are “prohibited from using weapons, projectiles and materials and methods of warfare that are likely to cause excessive injury or unnecessary suffering.” In addition, tools and methods of warfare are prohibited if they can cause widespread damage or in the long term can damage the environment such as the use of poisons, poisonous weapons, and 'dum-dum' bullets. By its nature, AWS is not a weapon system that will cause unnecessary suffering. Because according to the Task Force Report in 2012, the purpose of this weapon is to increase combat efficiency, reduce casualties, increase safety, and expand human capabilities in general. This report also states that the ammunition attached to the AWS weapon will determine the type and amount of suffering that will result from the attack. The next principle is