Australian Human Rights Commission Protecting Human Rights from Military Technologies, 30 November 2023 2. With the militarisation of civilian security, it is expected that LAWS are not only deployed in battlefields – but also in policing, border control or prison security. 3. Most LAWS, in their current form, are not truly a fully autonomous weapons system – as there is usually ’some form of human intervention, even if only to activate it’.5 2.2 Weapons system 4. A weapon system is ‘[a] combination of one or more weapons with all related equipment, materials, services, personnel, and means of delivery and deployment (if applicable) required for self-sufficiency’.6 3 Question 1 5. International law requires that States utilising LAWS and other NTMD abide by international obligations. This is a critical component of this submission. If such technologies are developed and deployed in a regulatory vacuum, there are risks of misuse. 6. However, it is worth noting that international human rights law is most effective when States comply with such obligations. As it the case with nuclear weapons, there is always the possibility of nations developing and deploying LAWS in disregard of international law. 7. It is also a possibility that NTMD could fall into the hands of terrorist groups or non-state actors who may disregard international human rights law. The issue of proliferation must always be a concern when considering NTMD. 3.1 Jus ad bellum and jus in bellum 8. At all stages when considering NTMD, States are required to comply with international human rights law principles. Although much attention is paid to technical compliance with the jus in bellum notions of distinction and proportionality – other principles must not be forgotten. The principle of necessity requires compliance as well. Compliance should be observed during both planning and execution. 9. LAWS need to be considered in the context of broader international human rights law, beyond jus in bellum in isolation. Narrowing discussion of LAWS to just jus in bellum principles, may set a lowered bar for legality under international human rights law. 4