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February 8, 20260 citationsOpen Access

The Permissibility of Autonomous and Remote-Controlled Weapon Systems (Drones) under International Law

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LBLina Auguste Braun

Key Points

  • The paper aims to analyze the legal permissibility of drones and autonomous weapon systems under international law.
  • Comprehensive legal analysis of RPAS and LAWS
  • Differentiation between systems requiring human control and fully autonomous systems
  • Evaluation against International Humanitarian Law principles
  • Neither RPAS nor LAWS is deemed inherently unlawful under current international law
  • Identification of an accountability gap between autonomous actions and human-centric legal frameworks
  • Advocates for a regulatory framework promoting meaningful human control and state liability

Abstract

The paper provides a comprehensive analysis of the legal doctrine regarding the permissibility of Remotely Piloted Aircraft Systems (RPAS) and Lethal Autonomous Weapon Systems (LAWS) under current and future international law. It distinguishes RPAS, which require continuous human intervention and "stick and rudder" control, from LAWS, which are capable of independently identifying and engaging targets. These technologies are evaluated against core International Humanitarian Law (IHL) principles, specifically distinction, proportionality, and precautionary obligations. While the paper concludes that neither system is inherently unlawful, it highlights a significant "accountability gap" created by the mismatch between autonomous behavior and human-centric legal doctrines. Rather than supporting a categorical prohibition, which is described as politically unachievable due to the military utility of these systems, the document advocates for a two-tiered regulatory framework (de lege ferenda) centered on "meaningful human control," technical constraints, and strict state liability.

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Cite This Study

Lina Auguste Braun (2026) studied this question.

synapsesocial.com/papers/698827b40fc35cd7a8846906https://doi.org/10.5281/zenodo.18500026
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