Australian Human Rights Commission Protecting Human Rights from Military Technologies, 30 November 2023 likely that an independent international governance board will be required to audit and ensure that algorithm-powered NTMD are compliant with international legal frameworks. 17. Article 36 of Protocol I to the Geneva Conventions places an obligation on States to carry out legal reviews of new weapons to ensure conflict is conducted in accordance with international law. However, article 36 contains no mechanism to ensure accountability of reviews. 18. NTMD are increasing at an exponential rate, with several emerging technologies being trialled in existing conflict zones. 19. There needs to be a strengthened investigatory and reporting measure on NTMD. Such a response should be independent of States, in the form of a new Special Rapporteur on New and Emerging Military Technologies in the Military Domain. 5 Question 4 20. As noted by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Fionnuala Ní Aoláin, technologies are being ’misused worldwide to restrict and violate human rights’.9 21. The use of NTMD will violate non-derogable rights – because of a lack of oversight and impunity for those who utilise NTMD (as discussed below),10 in addition to challenging fundamental notions of human rights. 5.1 Artificial intelligence 22. The use artificial intelligence (AI) can have a catastrophic effect if it is deployed without appropriate regard for human rights.11 The use of AI in military domains, such as national security, can greatly impact the right to privacy – and broader rights (discussed below).12 23. The Alliance has previously discussed the role of AI and human rights in its input to the United Nations Global Digital Compact.13 24. Where AI is utilised in NTMD, as opposed to in civilian applications, the risks to human rights and life are paramount. 5.2 Right to life 25. The use of many NTMD deprives a person of their 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 6