Lethal Autonomous Weapons Systems and International Law

INTRO D UCTIO N.Thisr e s ea rc hp a perpr e s entst hea ut ho r svi e wo nt hee ss enc eo ft hepr ob lemso fmod ern intern a ti o n a ll a wr e g ul a ti o n o f l e t ha la ut o n omo u sw e apo n s systems (LAWS) and international arms circulation. The authors dwell upon various aspects of new technologies in the field of creating LAWS, outline the prospects for the solution of the current challenges, as well as give a legal assessment of the legality of new types of weapons, methods and means of warfare from the perspective of contemporary international law. The system and mechanisms of international law regulation of the military purpose products circulation are also analyzed in this scientific work. MATERIALSANDMETHODS.Th es u b jecto ft h isstu d yc om pri s e sintern a ti ona ltr ea ti e s ,intern a ti ona lcust o ms,gener a lprincipl e so fintern a ti o n a ll a wa n dn a ti o n a ll e g i s l a ti o no fs t a t e s.Th es tu d ya ls oinclu de st hea n a l ys i so fintern a ti o n a la ctso fd ifferentn a ture,r ep o rtsa n do t h erdo cu m entso fintern a ti o n a lo rganiz ati o ns,n a ti o n a la ut ho riti e s,scientifica n ded uc a ti o n a l liter a ture.Th eme t hodo logic a lb asiso ft h iss tu d yisa wide range of research methods, namely: formal-legal, formal-logical, comparative-legal and historical-legal. In addition, the researchers apply system, structural and functional methods, as well as methods of analysis and generalization. RESEARCHRESULTS.Th er e s ulto ft hes tu d yist hec o n c l u s i o n about the perspectives of developing auniversal definition of LAWS, as well as a common approach to understanding their characteristics and parameters of human control, and also about the advantages of LAWS in the course of military operations and solving national security problems of states, primarily in terms of compliance with IHL rules, which all military personnel are required to strictly observe. It is also necessary to take into account the crucial role of the issues of secrecy and national security, while Article 36 of Additional Protocol I does not contain criteria for distinguishing new types of weapons from other types of weapons, for example, from those that have undergone multi-stage modernization. It can be stated that at present there are only separate and insuffi ently effective mechanisms of international law regulation due to their voluntary basis. Therefore, national export control mechanisms are of paramount importance for the process of regulating the circulation of military purpose products, which is an essential element of national sovereignty. D ISCUSSIO NANDCO N CLUSIONS.Thea ut ho r s c omet ot hef o ll o win gc o nclu s i o ns:t heexi s tin gpr o vi s io n s of IHL are fully applicable to LAWS; responsibility for the use of LAWS should be borne by the person who manages the robotic complex or «programs» and gives the order to use LAWS, but the specific forms and methods of human control should remain at the discretion of states; Article 36 of Additional Protocol I provides extremely limited opportunities to prevent the creation of new weapons systems, does not require any reporting and control format; research and development of new types ofweapons are secret, and the acquisition or adoption of obviously or presumably indiscriminate weapons systems are not a violation, but rather a preparation for a violation or an activity of a controversial nature; fur t h eri m pr o v em ento ft heintern a ti o n a ll a wr e g ul a ti o no fa rmscircul a ti o ns ho ul dbede v e l o p edb ycr ea tin gma n da t o ryuniver s a lme c ha ni s mso fintern a ti o n a ll a wr e g u l a ti o nt ha tw o ul dpr e ventt heunc o ntr o ll edcircul a ti o na n dill e gald i s tri b uti o no fw ea p o ns,inclu d in gt hei rs a l etote rr ori sts.