This paper illustrates the necessity to adhere to the tenets of the Rule of Law in order to establish responsible deployment of Artificial Intelligence (AI) in military theatres. Tenets of the Rule of Law are accountability, transparency, and contestability; these tenets function together in the mechanisms of the Rule of Law. Examples of existing Rule of Law mechanisms of the legislative, executive, and judicial powers are: (re)shaping legislation and formulating (new) policies. AI can be seen as an Emerging Disruptive Technology (EDT) to Rule of Law tenets and mechanisms whose disruptiveness needs to be addressed. In this paper, an example of an AI application, which can be deployed in military operations, is investigated via a scenario. In this scenario, the risks for upholding the Rule of Law tenets and mechanisms are illustrated via their relation to NATO’s principles of responsible use. Furthermore, the possibilities to mitigate these risks are illustrated via examples of how to reshape existing Rule of Law mechanisms. In order to determine what is at stake when deploying AI in military theatres, an interdisciplinary approach is used. This approach brings together law, philosophy and technology (Artificial Intelligence and systems) via a military operational scenario. In the military operational scenario, a Counter Unmanned Aircraft System (C-UAS) is enhanced with an AI application. Via this scenario, examples of disruptiveness are given, which lead to an illustration to different stakeholders in the separated powers (legislative, executive and judicial) of how pressure on the Rule of Law tenets can be identified. After identification of this pressure, the next step is answering the question how the tenets of the Rule of Law can be protected by adding new requirements to existing Rule of Law mechanisms, i.e. how can (newly found) technical requirements enrich (new) legislation, interpretations of old legal concepts and/or inform policies? The goal in this research is to showcase, via an interdisciplinary approach in the context of a scenario, how to prevent unintentional harm to the tenets and mechanisms of the Rule of Law. Given that the aim is to deploy AI applications in military operations in a responsible way, risks need to be identified and mitigated. This paper informs end-users, policymakers, regulatory authorities, researchers, and industry on the potential added value and the limitations of AI applications, and how to mitigate the possible risks.

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Clarifying Military Advantages and Risks of AI Applications via a Scenario

  • Liisa Janssens

摘要

This paper illustrates the necessity to adhere to the tenets of the Rule of Law in order to establish responsible deployment of Artificial Intelligence (AI) in military theatres. Tenets of the Rule of Law are accountability, transparency, and contestability; these tenets function together in the mechanisms of the Rule of Law. Examples of existing Rule of Law mechanisms of the legislative, executive, and judicial powers are: (re)shaping legislation and formulating (new) policies. AI can be seen as an Emerging Disruptive Technology (EDT) to Rule of Law tenets and mechanisms whose disruptiveness needs to be addressed. In this paper, an example of an AI application, which can be deployed in military operations, is investigated via a scenario. In this scenario, the risks for upholding the Rule of Law tenets and mechanisms are illustrated via their relation to NATO’s principles of responsible use. Furthermore, the possibilities to mitigate these risks are illustrated via examples of how to reshape existing Rule of Law mechanisms. In order to determine what is at stake when deploying AI in military theatres, an interdisciplinary approach is used. This approach brings together law, philosophy and technology (Artificial Intelligence and systems) via a military operational scenario. In the military operational scenario, a Counter Unmanned Aircraft System (C-UAS) is enhanced with an AI application. Via this scenario, examples of disruptiveness are given, which lead to an illustration to different stakeholders in the separated powers (legislative, executive and judicial) of how pressure on the Rule of Law tenets can be identified. After identification of this pressure, the next step is answering the question how the tenets of the Rule of Law can be protected by adding new requirements to existing Rule of Law mechanisms, i.e. how can (newly found) technical requirements enrich (new) legislation, interpretations of old legal concepts and/or inform policies? The goal in this research is to showcase, via an interdisciplinary approach in the context of a scenario, how to prevent unintentional harm to the tenets and mechanisms of the Rule of Law. Given that the aim is to deploy AI applications in military operations in a responsible way, risks need to be identified and mitigated. This paper informs end-users, policymakers, regulatory authorities, researchers, and industry on the potential added value and the limitations of AI applications, and how to mitigate the possible risks.