Australian Human Rights Commission
Human Rights and Lethal Autonomous Weapons Systems, 30 November 2023
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When interacting with LAWS, States must consider whether such actions
are prohibited by international law.
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The risk of acquisition of LAWS by terrorist groups and the risk of
proliferation should be relevant concerns.
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Risk assessments and mitigation measures must be part of interactions
with LAWS.
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Consideration should be given to the use of emerging technologies in
the area of LAWS in upholding compliance with international obligations.
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Emerging technologies should not be anthropomorphised in crafting
potential policy measures.
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Discussions and policy measures within the context of the CCW should
not hamper progress in or access to peaceful uses of intelligent
autonomous technologies.
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The CCW offers an appropriate framework for dealing with the issue of
LAWS.11
11. However, as these principles are not currently enforceable, their usefulness
is limited. The Group of Governmental Experts has so far failed to reach any
agreement beyond the guiding principles, highlighting the difficulty with
reaching an agreement to govern LAWS. Its impact is also curtailed by
several key States not being party to the CCW.12
3.3
Use of LAWS
12. The use of LAWS directly conflicts with the right to life under international
human rights law. As the Human Rights Committee noted in General
Comment No. 36 (2019) this right is ’the supreme right from which no
derogation is permitted, even in situations of armed conflict or other public
emergencies that threaten the life of the nation’.13
13. Due (in part) to a lack of regulation, countries are still using LAWS to deprive
individuals of their right to life. Some of the most extensively documented
use of LAWS in active conflict zones has been in the Libyan civil war and the
Russia-Ukraine War.14
14. There is evidence of Russian forces using POM-3 ‘Medallion’ anti-personnel
mines in conflict.15 This mine has a seismic sensor to enable it to detect
movement in a radius of 16 meters and detonate. 16 Despite international
efforts to ban land mines, Russia has now successfully autonomised them,
proving that regulation of these weapons is of the utmost importance.
15. In Libya, LAWS were used as drones to strike targets without the need for
connection between the operator and the munition, in what is described as
5