Digital Rights Alliance
Protecting Human Rights from Military Technologies, 30 November 2023
10. International human rights obligations must be upheld by States not only when
deploying LAWS, but also when deciding to fund the development or
procurement of NTMD in association private corporations.
3.2
Additional legal frameworks
11. LAWS will also have applications outside of formal armed conflict. With the
increasing militarisation of borders and policing, autonomous weaponry may
be integrated into these spaces. In such situations, LAWS must comply with
international human rights law, refugee law, tort law,7 and corporate criminal
and civil liability laws.
12. Given the wide possible use of LAWS, the International Covenant of Civil and
Political Rights, Convention against Torture, Convention on the Rights of Children
and the Rome Statute may also be relevant.
13. The use of LAWS will also be contrary to the ‘Martens Clause’ on principles of
humanity.8
14. With increasing adoption of business obligations to protect and promote
human rights, several soft law instruments are relevant, including (but not
limited to):
•
Basic Principles and Guidelines on the Right to a Remedy and Reparation
for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law.
•
Declaration of Basic Principles of Justice for Victims of Crime and Abuse
of Power.
•
Responsibility of States for Internationally Wrongful Acts.
•
Updated Set of principles for the protection and promotion of human
rights through action to combat impunity.
15. It is important that in considering the breadth of applicable international law
and human rights law, the work of other international, regional and
international groups should be considered, to avoid a fragmented approach to
addressing NTMD.
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Question 2
16. Article 1 of Protocol I to the Geneva Conventions calls on all States to take
measures to ensure that international human rights law is given full effect. The
development and deployment of LAWS requires careful consideration of
international human rights law. Transparency on the development and
capabilities of NTMD is fundamental for responsibility and accountability. It is
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