Group of Governmental Experts on Lethal Autonomous Weapons Systems – First Meeting- Item 5(C)

Group of Governmental Experts on Lethal Autonomous Weapons Systems

First meeting: 25–29 March 2019

STATEMENT BY ESTONIA

 

Agenda item 5(c). Further consideration of the human element in the use of lethal

force

Thank you, Mr Chair!

Estonia aligns itself with the statement delivered by the European Union, and would like

to make a few observations in a national capacity.

Estonia shares the view that humans must retain ultimate control and responsibility in

relation to the use of force in armed conflict. In our view, the need to exercise human

control over the use of force does not arise from any discrete rule of international law.

Rather, human control constitutes a practical means for ensuring that the use of force

complies with international law. Therefore, we put the required human element in the

following general terms: humans must exercise such control over a weapon system as

may be necessary to ensure that the weapon system operates consistently with

international law. The precise nature of control to be exercised will necessarily depend

on the characteristics of the weapon system, and the operational environment.

Mr Chair,

It has been suggested that weapon systems with autonomous functionality are inherently

indiscriminate, because they are unable to distinguish between lawful and unlawful

targets, or to assess the proportionality of collateral damage. We are puzzled by this

approach because weapon systems themselves have no obligation to comply with the law.

International law speaks to States and humans, not to instruments of warfare. Thus, to our

mind, the critical question is whether a weapon system is capable of being used by an

operator consistently with international humanitarian law. This is a question that a State

must answer in the affirmative prior to deploying a weapon.

Commanders and operators, for their part, must use weapons consistently with the law in

the actual conduct of hostilities. They can rely on a weapon system with autonomous

functions only if they are confident that the system, given its fixed and programmable

features, and the operational situation prevailing at the time, would not lead to breaches

of the law or other unintended consequences. This assessment forms a part of the

commander’s and operator’s duty to take precautionary measures under international

humanitarian law.

PERMANENT MISSION OF ESTONIA

TO THE UN AND OTHER INTERNATIONAL

ORGANISATIONS IN GENEVA

Mr Chair,

Ensuring compliance with international humanitarian law will require a series of human

interactions with a weapon system. The ‘system of control’ detailed in Australia’s

working paper provides a helpful example of how this might work in practice. We believe

that it is the combination of human interventions undertaken in such a system, rather than

any of them considered in isolation, that must amount to human control necessary for

ensuring compliance with the law.

I thank you, Mr Chair!