Australian Human Rights Commission Human Rights and Lethal Autonomous Weapons Systems, 30 November 2023 issues was the occurrence of digital dehumanisation and discrimination based on gender and race.33 This often occurs due to algorithmic bias. 37. Algorithmic bias arises where an AI produces outputs that result in unfairness or discrimination.34 When used in civilian contexts there are risks of unlawful discrimination.35 However, as AI is increasingly interoperable with NTMD, the impact of algorithmic bias in the context of LAWS can be a matter of life and death. 38. FRT utilises AI and pattern recognition. However, FRT is highly problematic and often unreliable. Several products have already been found to perform better for those with light-skinned and masculine appearances, while failing to recognise feminine appearances, people of colour or people with disability.36 This may result in people being incorrectly targeted. 39. Relying on algorithms to distinguish between combatants and civilians is ethically problematic and has potentially dangerous consequences for the civilian population. To reduce such likelihoods, it is essential that while designing a program or system that acts autonomously, there are open conversations about what type of bias may occur. 40. Additionally, NTMD which utilise AI must ensure that informed human decision makers remain ‘in the loop’ to evaluate all decisions and outcomes. 41. Where NTMD are not capable of functioning with a ‘human in the loop’, or for practical reasons a lethal military technology is designed to be free of human interaction or oversight, it should be prohibited by international law. This would require NTMD such as LAWS being banned. 42. Whilst there has not yet been consensus for the creation of a new binding instrument on the international stage, many States agree that a certain level of human control and oversight is required for autonomous weapons.37 Recommendation 3: Humans must remain as active overseers of all NTMD which make critical decisions that may result in harm to people. Recommendation 4: Any NTMD, such as LAWS, which operate free of human oversight, or engagement, should be prohibited by international law. 6 Question 17 43. On 07 June 2023, Human Rights Commissioner, Lorraine Finlay, participated in RightsCon Costa Rica. Commissioner Finlay delivered the speech 9