Australian Human Rights Commission Protecting Human Rights from Military Technologies, 30 November 2023 Rights and have produced a number of reports and publications on accountability of business and states in relation to new technologies, democracy and human rights. DIHR’s work can be found online. 8 Question 27 50. Although international human rights and humanitarian law may have application to NTMD, it is questionable how well existing laws function. NTMD are often novel in both design and application, creating difficulties for the application of existing legal frameworks. 51. It has been an open question whether certain NTMD, such as LAWS, can ever meet the requirements of international human rights or humanitarian law.30 52. State and individual responsibility is a prerequisite to ensuring accountability for the violation of any international human rights and humanitarian law. Such individual responsibility is often not present in NTMD, especially those integrating AI, so ensuring accountability is difficult. 53. How then can international human rights and humanitarian law apply to ensure accountability if a technology is responsible for loss of, or harm to, life? This question of liability under international human rights and humanitarian law has been considered extensively with no definitive answer.31 54. For international human rights and humanitarian law to apply to many NTMD, especially those utilising AI, the Committee must consider where legal liability shall fall. This will involve considering a wide array of international human rights laws and frameworks. It is important that the responsibility of the private sector also be specifically addressed in response to blurring liability between States and private organisations. 55. Without an individual being held accountable for the actions of NTMD, it is questionable if international human rights and humanitarian law sufficiently protects human rights by ensuring accountability. 10