The Principle of Distinction in Modern Warfare: Challenges Posed by Autonomous Weapons Systems

The principle of distinction is among the oldest and most fundamental tenets of International Humanitarian Law (IHL). It obliges parties to armed conflict to distinguish at all times between combatants and civilians, as well as between military objectives and civilian objects, directing attacks exclusively at the former. Rooted in customary international law and codified in Additional Protocol I to the Geneva Conventions, this principle serves to maintain a basic threshold of humanity even during armed conflict. However, the rapid development of autonomous weapons systems (AWS), often referred to as "killer robots," is placing unprecedented strain on this foundational rule.