Statement by Sri Lanka
Second session of the 2024 CCW Group of Governmental Experts on Emerging Technologies in the Area of Lethal Autonomous Weapons Systems (GGE on LAWS),
26-30 August 2024
Agenda Item 5
Mr. Chair
Distinguished delegates
First, let me congratulate and express our gratitude to the Chair for the continued work in advancing the dialogue on Lethal and Autonomous Weapons Systems (LAWS) as well as for the preparatory work of the second session of the GGE on LAWS. We appreciate the ‘rolling text’ presented by the Chair on a set of elements of an instrument to facilitate the discussions of this session.
Mr. Chair,
The growing interest of the international community to address the issues related to the autonomous weapon systems is proven by the overwhelming support received by the UNGA Resolution 78/241 on Lethal and Autonomous Weapon Systems adopted last year, as well as by the large number of submissions of Member States to the Report of the Secretary General pursuant to the resolution, including Sri Lanka.
The urgency of addressing the humanitarian, legal, security, technological and ethical challenges posed by the autonomous weapons systems as clearly expressed by the States in their submissions to the UN Secretary General’s report is encouraging.
However, the whole world is at risk of an arms race as the conflict thresholds have been lowered by the sophisticated AI driven autonomous weapons. Fully autonomous weapons, which can select and engage targets without human intervention, raise significant ethical and legal concerns and challenges the fundamental principles of International Humanitarian Law (IHL).
It is important that we recognize that the existing international laws, including International Humanitarian Law (IHL), were not designed to address the complexities introduced by autonomous weapons.
Sri Lanka remains convinced that, normative and non-binding frameworks are not adequate in addressing the severity of the challenges associated with the use of LAWS.
Therefore, Sri Lanka supports UN Secretary General’s call in his New Agenda for Peace for a new legally binding instrument to address these extensive challenges and fill these gaps by providing a clear, comprehensive set of rules and obligations to ensure compliance and enforcement.
For this purpose, the current mandate of the GGE on LAWS which entrust the GGE ‘to further consider and formulate, by consensus, a set of elements of an instrument’ and ‘other possible measures to address emerging technologies in the area of lethal autonomous weapon systems’ is vital in reaching the ultimate goal of a legally binding instrument. Sri Lanka values the important work being carried out by the GGE so far within its mandate.
I am also pleased to inform that, at a ‘National Event for the Summit for the Future’, held on 22 August 2024 in Colombo, a separate session was dedicated to the ‘Promotion of Humanitarian Principles in Warfare’ which highlighted the concerning implications of IHL in the development of LAWS and the urgent need for an international legally-binding instrument, while reiterating our steadfast commitment to reaching consensus within multilateral fora.
Mr. Chair,
IHL remains as the inalienable cornerstone in prohibiting and regulating any weapon system. As stated in the Advisory Opinion of the case of Legality of the Threat or Use of Nuclear Weapons, in the International Court of Justice (ICJ), by late Justice CG Weeramantry, the principles of IHL are ‘meant to apply to the existing weapons as well as to weapons to be created in the future, weapons already known and weapons as yet un-visualized’. Accordingly, IHL should continue to apply fully to all weapons systems, including lethal autonomous weapons systems and it provides broader coverage in addressing the present and future challenges of LAWS. States must observe, inter alia, the principles of distinction, proportionality, and precaution and the ‘principle of humanity’ or ‘dictates of public conscience’ which is also known as the Martens Clause throughout the full life cycle of any weapon system.
In the negotiations of a legally binding instrument, principles of International Human Rights Law can also be considered as complementary to the IHL in addressing the gaps in provisions for prohibiting and regulating autonomous weapons. Principles of customary international law are complementary in bridging the gaps in existing and any future laws in the area of LAWS. The relevant provisions of International Criminal Law can also be considered when formulating a legally binding instrument on LAWS given the unprecedented complexities pose by the increased level of autonomy and lethality of these weapon systems.
Mr. Chair,
Sri Lanka is concerned that, Artificial Intelligence (AI) can enhance the level of autonomy and capabilities of LAWS. The use of force in armed conflict, and decisions over life and death in battle must not be put in the control of machine learning algorithms, or killer robots.
Human control must be retained when designing, developing and deployment of any weapon system. Human responsibility for decision making in every step complying with IHL and responsible chain of command and control on the use of weapon systems should be retained in the entire life cycle of the autonomous weapon systems as accountability cannot be transferred to machines under any circumstances.
Application of digital technologies, advancements of information and communication technology need to be carefully and comprehensively studied and analysed when formulating laws and regulations.
The impact of these weapon systems on the environment and health requires equal attention. Specific laws need to be incorporated into future weapon laws to avoid massive destruction of natural environment and human health which are direct threats to right to life.
Mr. Chair,
In this critical global security environment, deliberations of the GGE on LAWS within the current mandate are decisive in designing an important segment of the future arms control regime.
We cannot afford to fail humanity for machines.
Sri Lanka remains committed to constructive engagement in this regard.
I thank you Mr. Chair
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