Opinion & Analysis

Emerging technologies and the laws of war: Ai warfare under IHL and the EU regulation gap

Artificial intelligence (AI) is reshaping warfare as we know it. As the EU strives to improve its technological competitiveness and resilience in the military, security and defence sectors, the world struggles to find a consensus to regulate the use of AI technology in armed conflict.

This report examines the EU’s AI Act and other defence-related initiatives that feature artificial intelligence, as well as current efforts undertaken at a global scale to address AI in warfare. The analysis demonstrates that the AI Act excludes military AI use from its scope, thus creating a regulation and governance gap. Additionally, no international binding legislation is currently in place to regulate the use of AI in warfare. It is therefore argued that it is the EU’s duty to effectively regulate the use of military AI in compliance with humanitarian standards and champion responsible AI governance at the international level. Accordingly, recommended lines of action are provided to achieve this goal.

About the Author:

Clara Torregrosa Basco is a researcher and contributor to Finabel, the European Army Interoperability Centre, where she provides analysis on European defence and security policies.

Read the full publication here