Hitoshi Nasu contributes chapter on artificial intelligence and compliance with international humanitarian law

Professor Hitoshi Nasu contributed a chapter to Ensuring Respect for International Humanitarian Law edited by Eve Massingham and Annabel McConnachie.

The chapter, titled “Artificial Intelligence and the obligation to respect and to ensure respect for IHL”, examines application of artificial intelligence technology for military purposes and its legality. In this context, Professor Nasu evaluates the practical measures that states could undertake to satisfy the obligation to respect and to ensure respect for international humanitarian law. The chapter focuses on potential applications of AI in military operations, weapons reviews and export controls. Weapons reviews are limited in scope if the AI is intended to be used to cause injury or death to a person, or destruction or damage, to an object. Export controls are identified as faulty as regulatory regimes are usually based on national security concerns, not IHL objectives. It is concluded, that there is a gap in the implementation of a positive duty to ensure that AI does not breach IHL obligations. The gap may grow if AI is applied for hostile purposes.