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All Journal Dialektika kontemporer Pinisi Journal of Social Science
Miebaka Nabiebu
University of Calabar
Social Sciences Other

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Humanitarian Law: A Synopsis on Perspectives and Challenges in the 21st Century Miebaka Nabiebu
Jurnal Ilmu Sosiologi Dialektika Kontemporer Vol 11, No 2 (2023)
Publisher : dialektika kontemporer

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Abstract

The perception of the application of international humanitarian law for both State and non-State actors in current wars is challenged by a wide range of factors related to the evolving character of warfare in the twenty-first century. The overarching goal of IHL is jeopardised by these problems, which include but are not limited to: ambiguity in the definition of violent conflict; the shifting types of actors involved; problems with asymmetric warfare; difficulties with negative reciprocity; and a limited capacity to engage with all parties to conflict. This work discusses these issues under two subtopics: transnational terrorism and the jus ad bellum, and the jus in bello and asymmetry. This work is of the opinion that formal modifications to IHL to more accurately reflect conditions will not be established anytime soon due to the sometimes-ineffective character of the international system and the lack of consensus over new legislation. This work suggests that, as a result, it is in the best interests of all parties to non-international conflicts to strive for greater adherence to the IHL standards now in place. This work further suggests that this can only be done if States acknowledge the urgent need for inclusive engagement with all non-State actors. In order to further advance the ultimate purpose of international humanitarian law—the alleviation of human suffering and the preservation of human dignity in the face of deadly armed conflict—practises of positive reciprocity must also be adhered to by all parties. 
The Legal Vacuum of Lethal Autonomous Weapons Systems: From Meaningful Human Control to Algorithmic Accountability in the Age of AI Warfare Miebaka Nabiebu; Mokutima Ekpo; Cleverty Afu Njong; Vivien Anukanti
Pinisi Journal of Social Science Vol 4, No 1 (2025): May
Publisher : Universitas Negeri Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26858/pjss.v4i1.61759

Abstract

The rapid and opaque development of Lethal Autonomous Weapons Systems (LAWS) has created a profound crisis in the foundational frameworks of International Humanitarian Law (IHL). This paper argues that the current diplomatic discourse within the United Nations Convention on Certain Conventional Weapons, centered on the nebulous concept of “Meaningful Human Control,” is insufficient and strategically stalled. It posits that the advent of sophisticated artificial intelligence driven targeting, as seen in contemporary conflicts, necessitates a fundamental shift in the legal paradigm. The analysis contends that IHL's core principles of distinction, proportionality, and precaution in attack cannot be authentically complied with by opaque algorithms whose decision making processes are inscrutable and whose parameters may be shaped by biased data sets. The paper examines how the deployment of LAWS fractures the chain of legal accountability, creating a responsibility gap where no human can be held legally responsible for an unlawful algorithmic kill decision. Moving beyond critique, the paper proposes a new regulatory framework based on Algorithmic Accountability. This framework demands legally binding prohibitions on autonomy in critical functions, mandatory human rights impact assessments, transparent algorithmic auditing, and the establishment of an international registry for military artificial intelligence systems. This research aims to break the diplomatic impasse by providing a concrete, legally rigorous pathway to govern the weaponization of artificial intelligence before its integration erodes the very essence of humanitarian law.
Co-Authors Cleverty Afu Njong Mokutima Ekpo Vivien Anukanti