Autonomous Weapons and Accountability: Ethical and Legal Perspective

Abstract

Weapons that operate without direct human control are referred to as autonomous weapons. The emergence of these weapons and their increasing utilisation have fundamentally transformed the dynamics of national security and warfare. Although Artificial Intelligence’s (AI) integration into military mechanisms has improved speed and precision, it has come at the critical cost of accountability. In cases where machines autonomously make life-and-death decisions, fixing clear responsibility on a particular state or any individual becomes extremely difficult (International Committee of the Red Cross (ICRC), 2019). This gap specifically undermines IHL, impairing distinction, proportionality, and precaution. For instance, investigative journalists have asserted that large-scale killings in Gaza were the result of AI-assisted systems, such as Lavender and Gospel, in which humans have limited or no control in critical decisions. The war against Hamas caused 83% of civilian casualty rate as of May 2025, according to a joint investigation by Yuval Abraham (Abraham, 2024) and Emma Graham Harrison (Graham-Harrison, 2024). However, this analysis remains highly contested. An analysis of the “Black-Box” nature of deep-learning algorithms demonstrates how technological advancement has undermined criminal and command responsibility. This research reviews available literature, gaps in the existing legal framework, case studies, and theoretical perspectives. The divergent opinions of global superpowers and key stakeholders, such as the United Nations Group of Governmental Experts (GGE), will also be assessed. This introspection concludes with critical suggestions regarding a new treaty sanctioning or enforcing strict regulations for Autonomous Lethal Weapon Systems (ALWS). It calls for a legal regime that incorporates meaningful human control in vital decisions, imposes binding responsibility on deploying states and promotes an ethics-based AI framework. The ultimate goal is to align legal, technological, and policy frameworks to ensure the protection of fundamental human rights and preserve state sovereignty in the era of AI.