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51 Geo. J. Int'l L. 117 (2019-2020)
Machine Learning Weapons and International Humanitarian Law: Rethinking Meaningful Human Control

handle is hein.journals/geojintl51 and id is 120 raw text is: MACHINE LEARNING WEAPONS AND INTERNATIONAL HUMANITARIAN LAW: RETHINKING MEANINGFUL HUMAN CONTROL SHIN-SHIN HUA* ABSTRACT AI's revolutionizing of warfare has been compared to the advent of the nu- clear bomb. Machine learning technology, in particular, is paving the way for future automation of life-or-death decisions in armed conflict. But because these systems are constantly learning, it is difficult to predict what they will do or understand why they do it. Many therefore argue that they should be prohibited under international humanitarian law (IHL) because they cannot be subject to meaningful human control. But in a machine learning paradigm, human control may become unneces- sary or even detrimental to IHL compliance. In order to leverage the potential of this technology to minimize casualties in conflict, an unthinking adherence to the principle of the more control, the better should be abandoned. Instead, this Article seeks to define prophylactic measures that ensure machine learning weapons can comply with IHL rules. Further, it explains how the unique capabilities of machine learning weapons can facilitate a more robust application of the fundamental IHL principle of military necessity. I. INTRODUCTION .................................... 118 II. OVERVIEW OF THE TECHNOLOGY . . . . . . . . . . . . . . . . . . . . . . . . 121 A. Defining Autonomous Weapons Systems ............... . 121 1. Human-Machine Interactions ................ . 122 2. The Task Performed ....................... .. 122 B. M achine Learning.............................. .. 123 1. Deep Learning............................ .. 124 2. Reinforcement Learning .................... . 125 3. Legally Relevant Attributes of Machine Learning System s .................................. 126 * Advanced Master of Laws (Leiden University, Netherlands), JD-equivalent (University of Cambridge); Research Affiliate, Centre for the Study of Existential Risk, University of Cambridge; Attorney, BT Group; former Attorney at Cleary Gottlieb Steen & Hamilton. With thanks to Horst Fischer, Professor of International Humanitarian Law at Leiden University and Adjunct Professor of International and Public Affairs at Columbia University, and Jacob Turner, barrister at Fountain Court Chambers in London, for their valuable guidance and feedback. All opinions are those of the author and do not reflect the views of any organization. © 2020, Shin-Shin Hua. 117

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