On the Humanitarian Regulation of Autonomous Weap-ons:A Case Study of"Meaningful Human Control"
The design philosophy of autonomous weapon systems reflects charac-teristics of intelligence and algorithmic processes while emphasizing the interconnect-edness of respective operational phases.Consequently,the concept of comprehensive regulation of autonomous weapon systems has emerged.This comprehensive regula-tory framework highlights human control over autonomous weapons,making the prin-ciple of"meaningful human control"a crucial benchmark for assessing the"legality"and"legitimacy"of artificial intelligence in military applications.As a core concept in the arms control of autonomous weapons,"meaningful human control"holds signifi-cant value for upholding international humanitarian law and clarifying accountability pathways for autonomous weapons.It underscores human oversight to ensure that the application of autonomous weapons complies with the fundamental principles of inter-national humanitarian law and aligns with Kantian legal philosophy on moral responsi-bility and human dignity.However,the basic elements and legal applicability of"meaningful human control"remain unclear,undermining the effectiveness of regulat-ing autonomous weapons.This study employs a literature analysis method to investi-gate the basic elements of"meaningful human control",integrating and analyzing international perspectives on the definition of basic elements,as well as identifying their potential components and existing deficiencies.In light of issues such as the"iso-lation"of basic elements and"excessive focus on the operational processes of AI weapons",the study introduces Noel Sharkey's Principle of Distinction to explore the feasibility of adopting a"graded and categorized"regulatory approach for autono-mous weapons.Regarding the legal application of"meaningful human control",this paper examines its application methods and effectiveness in conjunction with the prin-ciples of proportionality and distinction under international humanitarian law,arguing that its interaction with international humanitarian law can yield positive outcomes.Accordingly,the international community should shift its research focus:beyond tech-nological exploration of autonomous weapon systems,attention must be directed toward the practical implementation of"meaningful human control".Efforts should be made to identify its application pathways within the domain of international law and to continuously refine its conceptual framework.To ensure that"meaningful human con-trol"plays an active role in regulating autonomous weapons,the international commu-nity should establish its legal status within the framework of the United Nations'Con-vention on Certain Conventional Weapons(CCW)and work toward adopting an addi-tional protocol on autonomous weapons.This would enshrine"meaningful human con-trol"as a binding legal principle for state parties.On this basis,both the international community and individual states should develop a"graded and categorized"regula-tory framework for autonomous weapons guided by the principle of"meaningful human control",implement dual-level international and domestic review mechanisms,and establish a diversified accountability system for autonomous weapons.These mea-sures aim to ensure the use of autonomous weapons aligns with the fundamental prin-ciples and spirit of international humanitarian law so as to safeguard human dignity.
meaningful human controlautonomous weapon systemsinter-national humanitarian lawgraded and categorized regulation
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