The UK, accountability for civilian harm, and autonomous weapon systems

Second evidence session. Click to watch video

The second public session of the House of Lords inquiry into artificial intelligence (AI) in weapon systems took place at the end of March.  The session examined how the development and deployment of autonomous weapons might impact upon the UK’s foreign policy and its position on the global stage and heard evidence from Yasmin Afina, Research Associate at Chatham House, Vincent Boulanin, Director of Governance of Artificial Intelligence at the Stockholm International Peace Research Institute, and Charles Ovink, Political Affairs Officer at United Nations Office for Disarmament.

Among the wide range of issues covered in the two-hour session was the question of who could be held accountable if human rights abuses were committed by a weapon system acting autonomously.  A revealing exchange took place between Lord Houghton, a former Chief of Defence Staff (the most senior officer of the UK’s armed forces), and Charles Ovink.  Houghton asked whether it might be possible for an autonomous weapon system to comply with the laws of war under certain circumstances (at 11.11 in the video of the session):

“If that fully autonomous system has been tested and approved in such a way that it doesn’t rely on a black box technology, that constant evaluation has proved that the risk of it non-complying with the parameters of international humanitarian law are accepted, that then there is a delegation effectively from a human to a machine, why is that not then compliant, or why would you say that that should be prohibited?”

This is, of course, a highly loaded question that assumes that a variety of improbable circumstances would apply, and then presents a best-case scenario as the norm.  Ovink carefully pointed out that any decision on whether such a system should be prohibited would be for United Nations member states to decide, but that the question posed ‘a big if’, and it was not clear what kind of test environment could mimic a real-life warzone with civilians present and guarantee that the laws of war would be followed.  Even if this was the case, there would still need to be a human accountable for any civilian deaths that might occur.  Read more

Long read: Six strikes that show the reality of drone warfare today

Weddings. Hospitals. Refugee camps. Aid workers. All have become the target of lethal strikes this year due to the spreading use of drones by a growing number of states.  Here we detail six particular strikes and, below, reflect on what they show about the reality of drone warfare today.

1. January 3, 2021: French strike targeting a gathering of people, Mopti, Mali
Charred ground where French strike occurred according to UN investigation report.

Following surveillance by a French Reaper drone “spanning several days”, two French Mirage jets operating in conjunction with the drone fired three laser guided bombs at what was said to be a gathering of around 40 armed militants. French military spokesperson Col. Frederic Barbry told Associated Press that the strike followed an intelligence mission which showed a “suspicious gathering of people.”

The gathering, however, was a wedding party and, according to a subsequent UN investigation, 19 civilians, including the father of groom were killed. The detailed report concluded that around 100 people were at the wedding celebration including 5 men who were alleged to be members of an armed group, only one of whom visibly carried a weapon. The report stated:

“Of the 22 people killed, 19 were directly killed by the strike, including 16 civilians, while the three other civilians died of their injuries during their transfer for medical treatment. At least eight other civilians were injured in the strike.  The group affected by the strike was overwhelmingly composed of civilians who are people protected against attacks under international humanitarian law.“

France rejected the results of the UN investigation and continues to dispute that any civilians were killed in the strike.  [Further details.]

 2. May 4 2021: US strike targeting vehicle and occupant, Deir Ezzor, Syria

A US Reaper drone strike targeted the occupant of a vehicle in eastern Syria with the man killed instantly. The Coalition tweeted:

“CJTFOIR conducted an air strike removing a Daesh terrorist from the battlefield near Dayr az Zawr, Syria today. Coalition and our partners will continue our mission to defeat Daesh, disrupt their resources and eliminate Daesh remnants.”

However, locals disputed that the man killed, identified as Bassem Atwan Al-Bilal, was involved with ISIS or any other militant group, stating that he worked in the gas industry, refining oil.  They also revealed that the man had only bought the vehicle two days previously and suggested that target of the drone strike was likely to have been the previous owner. Read more