PRINSIP PEMBEDAAN DAN PROPORSIONALITAS TERHADAP HUMAN OUT-OF-THE-LOOP AUTONOMOUS WEAPON SYSTEMS DALAM KONFLIK BERSENJATA INTERNASIONAL

Abstract

The development of military technology based on artificial intelligence (AI) has given rise to the use of Autonomous Weapon Systems (AWS), particularly those in the human out-of-the-loop (HOOTL) category, which are capable of selecting and attacking targets without human intervention. This condition raises legal issues concerning compliance with the principles of distinction and proportionality under international humanitarian law (IHL), as well as the legal consequences arising from violations caused by their use. This study aims to analyze the legal position of HOOTL AWS as a weapon in international armed conflict in relation to the principles of distinction and proportionality, and to examine the legal implications of violations resulting from its use. This research employs a normative legal method using statutory, conceptual, and case approaches. The legal materials were analyzed prescriptively through legal interpretation of international instruments, doctrine, and international judicial decisions. The results show that HOOTL AWS, as a weapon system, is subject to Article 36 of Additional Protocol I of 1977 and must comply with the principles of distinction and proportionality. However, its unpredictable nature, minimal human control, and lack of contextual judgment create a high risk of indiscriminate and disproportionate attacks, giving rise to state responsibility and opening the possibility of individual criminal responsibility.