EU LINES TO TAKE

Group of Governmental Experts on emerging technologies in the area

of Lethal Autonomous Weapons System

Geneva, 15-19 May 2023

• At the outset, the EU takes this opportunity to thank you, Ambassador Damico, for your tremendous efforts and excellent leadership as Chair of the GGE LAWS. Notably, we appreciate your remarkable positive and constructive leadership to build the necessary momentum, also through conducting the intersessional virtual consultations.
• The CCW offers an appropriate framework for dealing with the issue of emerging technologies in the area of lethal autonomous weapons systems within the context of the objectives and purposes of the Convention. The EU remains committed to pursue its efforts in the GGE with a view to ensuring that the outcome reflects the necessity of compliance with International Law, in particular International Humanitarian Law, taking into account relevant ethical considerations. The EU underlines that the CCW is the relevant international forum in this regard and as such must remain responsive to new developments in the field of weapons technology and be able to adequately address them.

Report of the 2023 session of the GGE on LAWS

• The EU supports focusing on measures that reflect the many commonalities and convergences found in working papers submitted by different groups and regions and we stand ready to contribute to an ambitious outcome.  
• The EU highlights the need to translate the progress into a concrete outcome. We should seek to build on past agreements and to find commonalities. We believe that securing a substantive outcome this year is important and urgent given the pace of developments in this technology.

Compliance with International Humanitarian Law

• The EU emphasises that human beings must make decisions with regard to the use of force, exert control over weapons systems that they use and remain accountable for decisions over the use of force in order to ensure compliance with International Law, in particular International Humanitarian Law (IHL), taking into account ethical considerations. Those who plan, decide upon and carry out an attack using a lethal autonomous weapon system must, therefore, ensure that the weapon system and the way it is used will preserve a human beings’ ability to make these necessary legal judgements, and thereby ensure compliance with international law, including IHL.
• We support reference to the need to ensure that the development, production, deployment and use of emerging technologies in the area of LAWS must be in compliance with international law, in particular IHL.
• The report should emphasize that appropriate levels of human control and judgment should be retained during the whole life-cycle of the weapons system, to ensure compliance with international law, in particular IHL.
• Moreover, we agree that a broadly shared common understanding on a “two-tier” approach to weapons systems based on emerging technologies in the area of LAWS merits clear reference in the final report. In concrete terms, we support that a distinction should be made between those weapon systems that cannot be used in accordance with international law in particular IHL, which States should commit not to develop, produce or use, and systems that include autonomous features, requiring regulation to ensure compliance with IHL and other applicable international law.

Human responsibility and accountability

• We recall that States bear a fundamental responsibility to ensure that the development, production, deployment and use of emerging technologies in the area of LAWS will be in compliance with international law, in particular IHL. The report should make a clear reference that human responsibility for decisions on the use of force must be retained.

• The report should state clearly that the human accountability must be preserved at all times and across the entire life cycle of the weapons system and appropriate measures in this regard should be implemented.

On legal reviews

• The EU encourages voluntary sharing of best practices, which might be regarded as a basis to enhance transparency as a first step to confidence building.
• A normative and operational framework in this regard should promote the sharing of information, where appropriate, regarding the modus operandi and underlying principles of national legal weapon reviews and Article 36 Additional Protocol I procedures to address any challenges posed by new technologies in the area of LAWS.

On risk mitigation and confidence-building measures

• The EU recognises the critical role that data plays for AI–based technologies. Social biases that have a potential impact on emerging technologies, for example through gender bias in algorithms, should also be given due consideration.
• The report should contain a reference to the tailored risk mitigation measures, including those across the life-cycle that should be adopted and implemented.
• We hope that the final report will reflect these points and move us forward substantially, providing a good basis for a substantive outcome. The past achievements, including the 11 guiding principles, previous outcome documents, as well as already identified convergences should serve as a basis for consensus proposals. We reiterate our support to you, Mr Chair, in your efforts to achieve consensus and effective results of the work of this Group.
• Lastly, gender equality and the empowerment of women is an important horizontal priority for the EU and we believe it is important to take into account gender perspectives, when discussing the issue of LAWS, given the nexus between gender and emerging technologies.