International regulation of autonomous weapon systems: legal challenges and human rights implications in modern warfare

Resumo

This article examines the legal challenges and human rights implications arising from the absence of adequate international regulation of Autonomous Weapon Systems (AWS). Adopting a deductive methodology, the study departs from established principles of International Humanitarian Law (IHL) and International Human Rights Law (IHRL) to assess the compatibility of these weapons with the international norms governing armed conflict. The analysis focuses on the difficulty of reconciling AWS with the principles of distinction, proportionality, and accountability, which are fundamental to the protection of civilians in armed conflict. The central hypothesis is that, absent effective regulation, AWS may give rise to systematic violations of human rights and IHL, thereby compromising international security and civilian protection. The article concludes that the creation of binding international norms and the reinforcement of meaningful human control over these technologies are essential to mitigate the risks associated with autonomous weapons.