Autonomous Weapons without Responsibility: A Legal Analysis under International Humanitarian Law and Islamic Jurisprudence

Abstract

The rapid evolution of military technology has ushered modern day warfare into the age of autonomous weapons systems (AWS); machines capable of selecting targets with little or, ideally, no human intervention. This paper examines the legality of using such weapons under two distinct but, in places, convergent legal frameworks i.e. international humanitarian law (IHL) and Islamic law. It argues that the use of AWS to launch attacks in armed conflict cannot be reconciled with the IHL fundamental principles of humanity, distinction, proportionality, and military necessity, nor with the doctrine of command responsibility, since all those principles presuppose a human decision-maker capable of contextual judgment and moral accountability. Additionally, under Islamic law, that AWS fails the juristic requirements of legal capacity (al-ahalliyah) and the devotional character of jihad, rendering their offensive use impermissible. The paper concludes that while defensive deployment may be permissible, offensive use of AWS is unlawful under both frameworks, and calls for urgent international regulation before such systems become widespread.

     Keywords: IHL, AWS, islamic law, armed conflict, weapons law