Australian Human Rights Commission Human Rights and Lethal Autonomous Weapons Systems, 30 November 2023 attention to the use of LAWS. Their ability to examine, advise and publicly report on human rights challenges is fundamental in ensuring transparency in the development and use of LAWS. 4.3 Universality and inalienability Recommendation 2: The importance of universality and inalienability of human rights be central in all discussions of NTMD. 31. Universality of human rights is the cornerstone of international human rights law – they are not granted by any State and are inherent to all, regardless of their personal characteristics or circumstances. Introduced in the Universal Declaration of Human Rights (UDHR) in 1948, it has since been recognised across human rights conventions, declarations and resolutions.29 32. Human rights cannot be limited, except in specific situations and according to due process.30 Except for those listed under Article 4(2),31 some rights under the International Covenant on Civil and Political Rights (ICCPR) can be temporarily suspended or limited in exceptional circumstances threatening 'the life of the nation’. If States consider invoking Article 4 in a situation of armed conflict, International Humanitarian Law assists in ensuring that derogation powers are not misused and only exercised with concomitant justification as to why such derogation was legitimate and necessary.32 33. These two principles must remain at the forefront of all discussions of NTMD and their regulation. 5 Question 4 34. NTMD present a range of human rights challenges. Of particular concern is the impact of algorithms being used to make critical decisions. 5.1 ‘Human in the loop’ 35. A key feature of AI is that it can undertake tasks with little-to-no active human control – once given instructions. Without continuous human oversight, there is an increased likelihood for digital dehumanisation and discrimination. 36. In 2022, the Group of Government Experts on LAWS released a report on the challenges in the military and civil sphere posed by AI. One of the noted 8