International responsibility for the use of military drones : between the Legal vacuum and the inevitability of a transitional phase in the development of international law

Abstract

This study addresses the issue of international responsibility for the use of military drones in light of the rapid technological transformation occurring in the field of armed conflicts, where these devices have evolved from mere reconnaissance tools to advanced combat systems relying on artificial intelligence. The study highlights the absence of a specific international legal framework regulating their use, despite their subjection, in principle, to the rules of international humanitarian law, particularly the principles of distinction, proportionality, and military and humanitarian necessity. It also discusses the jurisprudential divide between a school of thought advocating for a preemptive ban due to the risks of technological autonomy, and another supporting controlled use within the framework of existing rules. The study sheds light on the problem of the responsibility gap resulting from the difficulty of attributing actions to a specific actor under autonomous systems, and concludes that the current rules, despite their existence, face significant challenges in implementation.