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. 4 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 5

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