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Bombs, bots, and the principle of distinction: the law of armed conflict and contemporary warfare
Citation Link: https://doi.org/10.15480/882.18155
Publikationstyp
Journal Article
Date Issued
2026-03-13
Sprache
English
Author(s)
TORE-DOI
Journal
Volume
9
Issue
1
Start Page
52
End Page
68
Citation
Texas national security review 9 (1): 52-68 (2026)
Publisher DOI
Publisher
University of Texas press
Peer Reviewed
true
Critics of autonomous weapons systems (AWS) argue that these weapons cannot reliably distinguish between legitimate targets and those protected from attack. As a result, the use of AWS seems to violate the principle of distinction under international humanitarian law (IHL), which requires that combatants “not make civilians the object of attack” and not carry out attacks that are “indiscriminate in nature.” This criticism, however, misunderstands the principle of distinction and ignores important aspects of how AWS are being developed and deployed. Critics rely on an overly broad definition of AWS, and hold these systems to a standard that is inconsistent with the principle of distinction as it is actually formulated under IHL. Despite their very real limitations, the characteristics of modern AWS in fact highlight an impressive feat of technological design, and mark a further step on our long and fitful road to making warfare a less brutal and bloody enterprise.
Subjects
Autonomous Weapon Systems
The Law of Armed Conflict
International Humanitarian Law
Distinction
Military Ethics
DDC Class
355: Military Science
177: Ethics of Social Relations
340: Law
Funding Organisations
More Funding Information
This work was partially supported by the Grantová agentura České republiky (Czech Science Foundation), under grant #24-12638I, and by the “MilEth” (Military Defense Technologies and Ethics) research project, funded by the Bundesministerium für Forschung, Technologie und Raumfahrt (German Federal Ministry of Research, Technology, and Space) under grant #01UG2409A.
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