Penguatan Prinsip Akuntabilitas Melalui Meaningful Human Control dan Auditability terhadap Penggunaan Senjata Otonom dalam Hukum Humaniter Internasional

Strengthening the Principle of Accountability through Meaningful Human Control and Auditability in the Use of Autonomous Weapons under International Humanitarian Law

Abstract

The advancement of artificial intelligence in the military domain has led to the development of Autonomous Weapon Systems (AWS), which are capable of selecting and engaging targets without direct human intervention. This innovation raises serious concerns regarding compliance with the core principles of International Humanitarian Law (IHL), particularly distinction, proportionality, precaution, and military necessity. The autonomy of AWS creates an accountability gap that complicates the attribution of legal responsibility in cases of violations. This research adopts a normative juridical method by analyzing international legal instruments, doctrines, and state practices. The findings indicate that states remain the primary duty bearers under the principle of state responsibility, with IHL serving as lex specialis—a specific legal regime applicable during armed conflict. However, liability may extend to non-state actors such as manufacturers or software developers. To address existing legal gaps, the study recommends the establishment of a dedicated international treaty on AWS, the implementation of the meaningful human control principle, and the strengthening of auditability through verifiable digital audit systems. A clearer and more accountable legal framework is required to ensure that the use of military technology remains within the bounds of law and continues to guarantee protection for victims of armed conflict.