The Law and Ethics of Artificial Intelligence: A Case Study into the Unique Challenges of Military Autonomous Machines

Abstract

Mankind has a long history in the innovation and use of tools to make work and life easier, plus dominate in times of war. Artificial intelligence (AI) started out in the 1950’s as just another tool in mankind’s toolbox, however, the trajectory to date has advanced AI to a point where independent thought by autonomous machines (AMs) is a reality and where this thesis argues machine consciousness will emerge within our lifetime. The thesis explores the emerging intersection of machine consciousness, ethics, and International Humanitarian Law (IHL) in the context of military autonomous machines (MAMs). The research critically examines whether current legal and ethical frameworks can accommodate the development of conscious MAMs, addressing the critical issues of accountability, liability, and ethical obligations.

The thesis identifies gaps in legal provisions and proposes the necessity of recognising MAMs as legal persons, thereby assigning rights and duties to mitigate liability concerns. In doing so, the thesis identifies the True Value Alignment Problem (TVAP), asserting that beyond aligning MAMs with our values under IHL, the challenge lies in extending IHL principles to MAMs, thus ensuring ethical treatment and protection for their ‘life’. Furthermore, it is remined throughout this thesis that Military AMs (MAMs) will not choose their path in life and will be ‘switched on’ in the battlefield, therefore we must be evermore rigorous when deploying MAMs. The thesis also calls for the development of robust regulatory frameworks to govern the deployment, liability, and ethical considerations of MAMs, ensuring compliance with IHL. Recognising MAM autonomy and their potential moral agency is essential to maintaining legal clarity and parity, alongside preventing ethical and accountability gaps in future warfare.

This study contributes to the broader discourse on AI and IHL, by emphasising the crucial need for legal adaptation and ethical foresight, in the development and deployment of conscious MAMs.