Rethinking Norms in Times of Algorithmic Decision Making? – A Kantian Approach

The use of AI-enabled weapon systems in the military context poses a myriad of legal and ethical challenges. Since technological developments are progressing fast, humanity should consider whether the increased use of algorithmic decision-making will ultimately shatter the core tenets of international law. The discussion on autonomy in weapon systems and its implications for international law is primarily taking place in the UN-Governmental Group of Experts on emerging technologies in the area of (lethal) autonomous weapon systems centering upon the requirement to maintain human control. What can be observed is that various states and also researchers refer to deontological rather than utilitarian ethics to justify the requirement of maintaining human control. This discussion is largely influenced by the findings and deliberations of Immanuel Kant, especially with regard to the concept of human dignity. His legacy not only impacts the debate in Geneva but goes beyond ultimately contributing to the ongoing process of creating “digital constitutionalization” of the normative order dealing with AI-enabled systems. In the end, AI-enabled weapon systems are not able to shatter the core tenets of international law. Rather, human agency will be preserved allowing humans to stay in control in both structural and substantive terms.