A transformação da guerra por robôs automatizados e sua regulação pelo direito internacional humanitário

Abstract

This research analyzes how the use of robots has changed warfare, dissecting the implications in International Humanitarian Rights regarding that subject. Humanity has technologically developed through the years and all areas in society have benefited by this. Among the army industries it wasn´t different. One of the new resources is the development of autonomous weapons, which have softwares capable to distinguish hostile targets from pacific individuals. Around the world, State leaders share different opinions about such weapons and its safety and trustability, whereas the development of its Artificial Intelligence is happening unbridled, having the potential of becoming a threat to all humanity. Since machines have better physical attributes than human soldiers, considering they don´t need to rest or think twice, the completion of missions seems more practical to decision markers. Another aspect to be taken into consideration is the amount of money that those weapons will save to the army, because despite the actual large investments on development, those weapons will be much more economical than what is spent on human soldiers on quarters. However, international organizations, such as the United Nations (UN), are working on regulating these weapons. Though powerfull, even those organizations are being withheld by powerful politically, economic, and military nations, which are largely investing on these technologies. These countries are denying any normative act that prohibits the use of those technologies on new weapons creations. These difficulties on the regulation development process suggest the true intentions behind those powerful nations’ acts. It seems possible they would not regret to use Autonomous Weapons as soon as they are fully developed, an occurrence that could generate a great conflict about accountability if infractions did happen to the international rules on war crimes, since these Weapons could make decisions on their own, without human command. This possibility reinforces the notion that those weapons should be tightly regulated by international organizations, which could prevent strong Law Insecurity.