Robots and International Humanitarian Law

As I promised, I am presenting my essay on the Competition of the International Committee of the Red Cross, which was held in the summer and ended on September 1, 2021 (more details about the Competition via the link: https://prianykovabusiness.wixsite.com/defender/post/i-took-part-in-an-international-essay-contest-from-the-red-cross-on-the-development-of-ai-and-ihl).

Topic: Robots and IHL (International Humanitarian Law).

Robots and IHL

or continuous silence

Recently, it became known from the news that an unmanned drone of the Turkish Armed Forces killed a "terrorist" last year. But why did they hide this fact? What court recognized the murdered person as a terrorist? Who allowed Artificial Intelligence to be programmed to kill a person?

This event raises many questions, too complex and sometimes dangerous. And what structure will investigate and make the results open to the public, name the perpetrators and punish them?

In this regard, International Humanitarian Law, in my opinion, needs to be substantially refined. There are still no clear red lines for the use of AI not only in the armed forces but also in other spheres of life.

The concept on the development of Artificial Intelligence on a planetary scale is ineffective, unstructured and uncontrolled.

International humanitarian law remains the only shield for people affected by war. At a time when the fundamental laws of states are unable to be implemented in circumstances of the armed conflict, the unquestioned implementation of the Geneva Conventions is becoming a hope for humanity.

But provisions’ implementation of the aforementioned basic concepts by robots powered by Artificial Intelligence is impossible. High-tech innovation cannot be ready for everything, like soldiers alive. Soulless, keeping their composure and following a clear program, the machines are not immune from break-in, hacking or manipulation of the tide of the war in the form of further threats to shut down programs which implement the provisions of the Geneva Conventions and their Additional Protocols. At the moment, the vision of remote tactics of warfare using robots with AI is nothing more than a decision to absolve oneself of responsibility for the lives of people taken away.

And the decision on such digitalized innovations belongs to those experts who understand that the letter of law is currently powerless in front of technologies with AI implemented.

On June 6, 2019, the International Committee of the Red Cross published a document on Artificial Intelligence and machine learning in armed conflict, which took note of the fact that the introduction of new and evolving technologies is not inevitable. Each state makes its choice in this regard and it is a choice that must take into account the laws of war, the potential humanitarian consequences for civilians and combatants who no longer take part in hostilities, as well as implemented considerations of "humanity" and "public consciousness". [1, p.2].

Artificial Intelligence is not ready to solve complex problems that life itself presents us with. The program would face contradictions full of contrasts and maternal pain. In the 21st century, humanity is rapidly changing the usual live communication and meetings, trying to become more flexible in a great number of circumstances and forming the idea that progress has to accelerate. It seems that a second-long freeze will turn to dust all the developments and innovations will lose their meaning. As in the Cold War, we are building up the potential of technology, including the military one, without knowing what it is all for, while international law calls for a peaceful settlement of disputes.

Understand me correctly. I am ‘FOR’ Artificial Intelligence, but I insist on working with it in a civilized way, in compliance with the Basic Principles of International Law.

The use of Artificial Intelligence can be crucial in providing humanitarian assistance, for example to analyze data on the detection and assessment of hostilities and their humanitarian consequences; supporting the work of the Central Tracing Agency to reunite family members separated by conflict. I note that these technologies will be effective in implementing personal data protection [1, p.6].

For two years in a row, I have been defending the rights of people on AI issues. As a gold medalist and the first number in the ranking of prospective students in 2020, for the sake of my goal — the salvation of mankind, I chose the specialties of law and international economics. In December 2020, I won the Ukrainian essay contest on “Human Rights in the Age of Artificial Intelligence.” I initiated a wide-ranging discussion in the media and at international practical conferences among lawyers and scientists. [2], and on June 5, 2021, I addressed the UN on the subject aforementioned.

We need the Day of Artificial Intelligence, when the Government of each country reports to the people on the respective scope of action and measures taken.

The Concept on the Development of AI, approved by the relevant UN Resolution, is necessary to control its implementation, in particular, the implementation of AI in the legal field of each country.

Mankind is in silence. It is afraid to look at the canvases of war that are emerging around the world, but continue to appear in the news and in the eyes of the people. And these paintings also touch upon the conflicts without the use of firearms.

Danger attacks on all fronts of the functioning of Artificial Intelligence: gadgets, systems of the program administrators, autopilots on world roads, drones, notification systems, etc.

Under the guise of modernization, we lose the whole professions, violate people’s labor rights and not give them anything, even hope for the better.

Segregation in digital education is becoming more aggressive and is gradually becoming a new form of discrimination. Even today, elderly people are deprived of the opportunity to exercise their social rights and guarantees due to the lack of access to the market for such state services. After all, these people do not know how to use a computer and modern equipment.

One way or another, some business representatives benefit from the inaction of the government agencies in this realm. They use AI at their own discretion, focusing only on profit and neglecting people’s social rights.

And while society, business, military, government and international bodies form their own fragmented reality, in continuous silence, Artificial Intelligence is developing rapidly and uncivilized and could turn completely into a monster that is not programmed for humanness. Humanity cannot be prescribed as a program, but it is possible to encode it into the legislation, guaranteeing fundamental rights today and protecting present and future generations of humanity!

I believe that the International Committee of the Red Cross deserves respect only for breaking the silence in lawmaking, touching upon such an extremely important subject for the future of mankind. Thank you!

June 30, 2021

With respect and hope for peace, health and cooperation,

International Human Rights Defender on Artificial Intelligence

Polina Prianykova

References:

1. ICRC / Artificial intelligence and machine learning in armed conflict: A human-centred approach [Electronic resource]. – 2019 – URL: https://www.icrc.org/en/document/artificial-intelligence-and-machine-learning-armed-conflict-human-centred-approach.

2. Petition to the President of Ukraine / I propose to establish 2 (Second) December as the Day of Artificial Intelligence in Ukraine [Electronic resource]. – 2021 – URL: https://petition.president.gov.ua/petition/117636.

I did not become the winner of this competition and I am surprised that the event did not become public, as stated in the preamble. The organizers of the Competition did not even provide access to the works of the winners, so that everyone could see better thoughts and become stronger. My request in this regard was left unanswered. As it is said, no comments ...

On the other hand, as I noted earlier, I am pleased to participate in the Competition, because I discovered a lot of new things, got acquainted with international humanitarian law and formed my opinion on the implementation of Artificial Intelligence to the Armed Forces.

June-September, 2021, Zaporizhzhia, Ukraine.

With respect and hope for peace, health and cooperation,

International Human Rights Defender on Artificial Intelligence

Polina Prianykova

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