Home / Volume 9, Issue 3 / Artificial Intelligence (AI) and International Humanitarian Law (IHL) Open access · CC BY-NC 4.0
Research Paper Volume 9 Issue 3 500 - 512 May 20, 2026

Artificial Intelligence (AI) and International Humanitarian Law (IHL)

Lead author · Corresponding
Dr. Mahendra Kumar Baishya
Assistant Professor (Law) at Faculty of Law, Sri Jai Narain P.G. College, Lucknow, India
Co-author
Sadhana Kumari Vais
Student at Faculty of Law, S.S. Khanna Girls Degree College, University of Allahabad, Prayagraj, Uttar Pradesh, India
Abstract

The integration of Artificial Intelligence (AI) into modern warfare presents significant challenges for International Humanitarian Law (IHL). AI technologies, including autonomous weapons systems, surveillance tools, and decision-support algorithms, are increasingly used in military operations to enhance speed, accuracy, and strategic advantage. However, their deployment raises critical concerns regarding compliance with fundamental IHL principles such as distinction, proportionality, and precaution. A key issue is whether AI systems can accurately distinguish between combatants and civilians in complex and rapidly changing conflict environments. Errors, data bias, or system unpredictability may result in unlawful harm to civilians. Additionally, proportionality assessments require human judgment and contextual understanding, which AI may not fully replicate. The “black box” nature of many AI systems further complicates accountability and transparency in decision-making. The development of autonomous weapons systems has intensified international debate, particularly within the United Nations. Although existing legal frameworks, including the Geneva Conventions, apply to all methods of warfare, their adequacy in addressing AI-specific risks remains uncertain. This paper argues that maintaining meaningful human control, ensuring accountability, and strengthening legal review mechanisms are essential to align AI use with IHL and safeguard humanitarian principles.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 3, Page 500 - 512
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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