Australian Human Rights Commission
Human Rights and Lethal Autonomous Weapons Systems, 30 November 2023
‘lethal autonomous robotics’ (the language has since changed to LAWS).25
More must be done to regulate LAWS with much needed urgency.
4.2
Independent reviews
24. Article 36 of Protocol I to the Geneva Conventions provides that States have
an obligation to carry out legal reviews of new weapons to ensure that
armed forces conduct hostilities in accordance with international law.
Although Article 36 puts the obligation of monitoring on States, there are
no powers holding them to account in complying with their Article 36
responsibility.
25. This process is also an internal one, predicated on good faith reviews as
States are also not obliged to disclose the outcome of these reviews.26
26. Given the growing use of LAWS in conflict zones (at the time of writing), and
mounting pressure from the global community to regulate and prohibit
LAWS the review function must be strengthened.
27. States may not see it as being in their interests to review the development
and deployment of new weapons – especially if they are simultaneously
engaged in conflict. As such, there needs to be strengthened investigatory
and reporting measures applying to NTMD. The introduction of a new
special procedure to advise the Human Rights Council on NTMD would
improve transparency.
Recommendation 1: The Special Rapporteur on New and Emerging
Military Technologies in the Military Domain be established.
28. LAWS are increasingly being raised by other Special Rapporteurs who may
not always have the focused mandate to consider them in detail. For
example, the Special Rapporteur on counter-terrorism and human rights,
Fionnuala Ní Aoláin, called for the global prohibition of LAWS in a 2023
report to the Human Rights Council on the use of new technologies. 27
Christof Heyns has also considered LAWS across several reports.28
29. A clear advantage of the proposed Special Rapporteur on New and
Emerging Military Technologies in the Military Domain would be the ability
to bring a specific focus on LAWS. The Commission recommends that the
Special Rapporteur begin their mandate by investigating the development
and use of LAWS.
30. Given the significant impact LAWS have on human rights, the proposed
special procedures mandate-holder could immediately draw much needed
7