ARTIFICIAL INTELLIGENCE AND MODERN WARFARE: AN INTERNATIONAL PERSPECTIVE

ABSTRACT

Artificial Intelligence (“AI”) is transforming modern warfare by enabling machines to analyse information, identify patterns, assist targeting, navigate unmanned systems, coordinate swarms, conduct cyber operations and support military decision-making. The most consequential development is the emergence of autonomous weapon systems (“AWS”), including systems capable of selecting and engaging targets without further human intervention. This technological shift raises difficult questions concerning the United Nations Charter, international humanitarian law (“IHL”), international human rights law (“IHRL”), international criminal law, State responsibility and accountability. Existing international law does not generally prohibit a weapon merely because it incorporates AI. Rather, legality depends upon the weapon’s capabilities, predictability, context of use and compliance with rules governing distinction, proportionality, precautions and the prohibition of indiscriminate attacks. At the same time, AI creates distinctive risks because machine-learning systems may operate probabilistically, at machine speed and with limited explainability. This paper examines these issues and compares regulatory developments in the United States, European Union, China and the United Nations. It argues for a layered international framework built around meaningful human control, mandatory weapons reviews, lifecycle testing, traceability, accountability and prohibitions on unpredictable autonomous systems. The paper concludes that AI should augment lawful human decision-making rather than displace human responsibility for decisions concerning life and death.

Keywords: Autonomous Weapon Systems; Lethal Autonomous Weapons; International Humanitarian & Criminal Law; International Human Rights Law; Military AI.

Authored by Vivek Kumar*

* Ph.D. Scholar (PU)| Department of Law, Patna University, available at: vkzot007@gmail.com.

Publication date and year: 17 August 2026

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Preferred Citation: Vivek Kumar, ARTIFICI, Journal of Unique Laws an Students ISSN:2583-1607, pg. 60 to 69 Vol. III-II, (2026).AL INTELLIGENCE AND MODERN WARFARE: AN INTERNATIONAL PERSPECTIVE