@phdthesis{Udoh2025, author = {Udoh, Gabriel}, title = {Legal and Ethical Considerations in the Use/Ban of Autonomous Weapons Systems in International Humanitarian Law}, doi = {10.11584/opus4-1409}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:521-opus4-14098}, school = {Europa-Universit{\"a}t Viadrina Frankfurt}, pages = {224 Seiten}, year = {2025}, abstract = {This dissertation critically examines the legal and ethical dimensions of lethal autonomous weapons systems (LAWS) within the frameworks of international humanitarian law (IHL) and international human rights law (IHRL). By tracing the historical evolution of weapons technology - from mechanized guns to AI-driven autonomous systems - it highlights the growing autonomy in warfare and the resultant accountability gaps. Further, the thesis analyzes state and institutional positions at the Group of Governmental Experts on emerging technologies in the area of lethal autonomous weapons systems (LAWS) mandated under the Certain Conventional Weapons (CCW), revealing a fragmented global discourse shaped by geopolitical interests and definitional ambiguities. Key legal challenges include LAWS' compliance with IHL principles of distinction, proportionality, and military necessity - split into targeting law and weapons law requirements, as well as their alignment with IHRL protections of the right to life and dignity. Ethical concerns center on the dehumanization of killing, algorithmic bias, and the erosion of meaningful human control (MHC), while political concerns, such as weapons proliferation and asymmetric warfare, are discussed. The research concludes that existing legal mechanisms, such as Article 36 reviews under Additional Protocol I, are insufficient to address LAWS' risks and advocates for a binding international treaty. Recommendations include moving the conversation to a different international platform (from the current GGE CCW) to escape its consensus requirement, redefining autonomy spectrums, institutionalizing MHC as a non-derogable standard, and expanding accountability to weapon developers under individual criminal responsibility doctrines.}, language = {en} }