New Technologies in International Law / Tymofeyeva, Crhák et al.

law prohibits targeting civilians. Therefore, the AWS might not have the decisive ability to distinguish between civilians and combatants. In addition, when attacking a soldier, the international law requires respecting the principle of proportionality, which means the attack should be aimed at making the soldier unable to actively participate in the armed conflict (as opposed to killing the soldier). There is also unresolved the question of responsibility when it comes to use of AWS, this doubt would be answered under the current stage of law in case there was a human being responsible for the decision making, therefore by using semi-autonomous weapon systems when the human being is responsible to activate the weapon towards the target. 841 Similarly, in relation to right to life, there could emerge legal dilemmas when the robotic systems are used in medicine or in the traffic, especially when the systems endanger human life. 842 Swarms intelligence is a field of AI which imitates animals operating in groups, mainly bees and ants. Members of swarms share a common intelligence which overlap among individuals within their group. The swarms AI systems include software and hardware capable of making its own decisions which are interconnected because of analysing the information from its all parts, therefore the system takes the best decisions for the whole group of swarms. The swarms have the ability to successfully perform the task even if some of the swarms get disabled. In that case the swarms technology restarts its activity and perform the task based on the new data. This ability brings swarms a lot of advantages compared to the AI technologies which operate individually. 843 In 2021 Israel was supposedly first country in the world, when deployed the drone swarms above Gaza. 844 Human-Machine Interaction technologies include various subfields of the AI which enable easy and effective interaction between machines and people. These technologies are capable of spoken language analysis, they can chat, they can analyse human emotions. Among the most known technologies in this category are the personal assistants Siri and Alexa 845 or Chat GPT. Israel Innovation Authority is investing over 8 million USD to facilitate and advance the development of this area of AI in Hebrew and Arabic language. 846 Brain-Machine Interaction technology is a comprehensive name for devices which communicate with computers through brain activity alone. These technologies are capable of translation the neurological information into commands which allows them to control software and hardware. These technologies operate as if they were able to “read the human thoughts”. The practical use of these technologies is in medical application, for example the robotic limbs and cochlear implants (hearing devices) work on this 841 Wagner M, ‘The Dehumanization of International Law: Legal, Ethical and Political Implications of Autonomous Weapon Systems’ (2014) 47 Vanderbilt Journal of Transnational Law 1371, pp. 1399-1405. 842 Antebi, c. d. p. 78. 843 Peters J, ‘Watch DARPA Test Out a Swarm of Drones’ ( The Verge , 2019) accessed 21 October 2023. 844 ‘In apparent world first, IDF deployed drone swarms in Gaza fighting’ ( The Times of Israel , 2021) accessed 30 October 2023. 845 Getz D et al, Artificial Intelligence, Data Science, and Smart Robotics: First Report (Haifa, 2018), p. 63. 846 Israel allocates NIS 30M to fund projects for AI applications in Hebrew and Arabic. In: The Times of Israel, 2023 accessed 30 October 2023.

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