IC LAWS UNGA Resolution 79/62 - PR to the Conference of Disarmament, Geneva
IC LAWS UNGA Resolution 79/62
Briefing by the Chair of the Group of Governmental Experts on Lethal Autonomous Weapons Systems (GGE LAWS) H.E. Robert in den Bosch, Permanent Representative to the Conference on Disarmament
Chair, Excellencies, distinguished delegates,
Allow me to
begin by thanking UNODA for the opportunity to brief the meeting in my
capacity as Chair of the Group of Governmental Experts on Lethal
Autonomous Weapons Systems (GGE LAWS), set up in the framework of the
Convention on Certain Conventional Weapons (in short: “CCW”).
Let
me also express my gratitude to those who have already been heavily
involved in our deliberations in Geneva. It is an honour to preside
over the discussions of the High Contracting Parties and observers.
Let me assure you that I will do my utmost to fulfil the Group’s
mandate.
To those of you who are new to the process: I very much
welcome your interest in the work of the GGE LAWS. Let me underline
that UN Member States who are not a High Contracting Party to the CCW
are most welcome to participate in our meetings as an observer, or
even better, accede to the CCW and take part in the GGE as a High
Contracting Party.
A briefing on ongoing work in the GGE LAWS
seems like an excellent starting point for today’s and tomorrow’s
broader informal consultations in accordance with UN General Assembly
resolution 79/62.
In order to place the GGE LAWS in its context, allow me to first briefly introduce the Convention on Certain Conventional Weapons (CCW).
Convention on Certain Conventional Weapons (CCW)
The CCW was adopted in 1980 to address the use of certain
conventional weapons that are deemed to cause superfluous injury or
unnecessary suffering; or have indiscriminate effects. The Convention
is based on the general principles and rules of International
Humanitarian Law (IHL) that prohibit the use of weapons with these
characteristics.
The CCW consists of a Framework Convention and,
so far, of five annexed Protocols. The Convention establishes general
provisions for the operation of the CCW and provides a framework for
addressing emerging weapons technologies used in armed conflicts,
while its Protocols are specifically tailored to address particular
types of weapons and their effects.
Almost as important as the
substance is the matter of who is a party to the Convention.
Currently, the CCW has 128 High Contracting Parties (HCPs) and 4
Signatory States. The HCPs include all major military powers, and this
is an important distinction from some other treaties and conventions
that regulate the use of specific types of weapons.
GGE LAWS
The GGE LAWS was formally established under the Convention on
Certain Conventional Weapons (CCW) in 2016. The Group started its work
in 2017, so it has been working for over eight years now. During this
time, it held extensive substantive and technical discussions related
to addressing emerging technologies in the area of lethal autonomous
weapon systems.
Much has changed over the years. We started by
addressing this topic as a concern of the future. But with the ever
more rapid development of weapon systems that can operate with
limited, or even no, human intervention, this is now a topic of today.
For that reason, the eyes of the international community are upon us.
And it is up to the GGE LAWS to achieve concrete results on the issue
without delay.
The current mandate was agreed by consensus at the
2023 Meeting of the High Contracting Parties (HCP) of the CCW. It is a
carefully crafted formula. Allow me to read it out to you.
The
Group is to “further consider and formulate, by consensus, a set of
elements of an instrument, without prejudging its nature, and other
possible measures to address emerging technologies in the area of
lethal autonomous weapon systems, taking into account the example of
existing Protocols within the Convention, proposals presented by High
Contracting Parties
and other options related to the normative and
operational framework on emerging technologies in the area of lethal
autonomous weapon systems, building upon the recommendations and
conclusions of the Group, and bringing in expertise on legal,
military, and technological aspects.”
The Group is requested to
submit its report to the Seventh Review Conference of the CCW at the
end of 2026 but is also asked to complete its work as soon as
possible, preferably before the end of 2025. It is the first time the
Group has a 3-year mandate. This allows us to concentrate our efforts
and focus on producing a tangible outcome. I will now explain how we
implement this in practice in a moment.
Furthermore, the SG-report
on LAWS which we will discuss later this morning and the Pact for the
Future call upon the GGE LAWS to deliver on its mandate as soon as
possible, preferably before the end of 2025. Also, the UNSG and the
ICRC President have underlined the need for a quick result on various
occasions and have even called for agreeing a legally binding
instrument – something that goes beyond our present mandate – at the
earliest possible moment, preferably before the end of 2025.
With
this sense of urgency in mind and with a focus on the desired
end-product of the mandate – being “a set of elements for an
instrument” we produced what is now called the “Rolling Text”. It is
my “best guess” how a set of elements, that could
form the basis
for a possible future instrument, could look like. As the wording
“rolling text’’ suggests, these elements are intended to be updated
and refined every formal meeting, so twice a year.
The general
approach of the Group has been to look both at what should be
prohibited by a possible future instrument, and at what rather should
be regulated. It would go too far to take you through the whole text
in detail, but let me outline the main thrust of the document that
currently consists of 5 “boxes”:
1) A Working
Characterization;
2) Application of IHL;
3) Prohibitions &
Regulations;
4) Further Measures;
5) Responsibility &
Accountability.
After careful consideration of the thorough and
substantive debate during our most recent session in March 2025, my
team and I have produced a new “version” of this text, which was
circulated earlier among the High Contracting Parties, and which will
also be published on the UNODA website. During the remaining three
sessions, one in September 2025, and, if necessary, two more in 2026,
we will work on fine tuning and finalizing the elements. This will not
be an easy task, as some divergences still persist, but with the
continued constructive
attitude and the joint efforts of
delegations we are in a good position to reach our common goal.
As
Chair I can count not only on the support from UNODA’s Implementation
Support Unit but also from very able delegates from Australia, Brazil,
the Philippines and Switzerland as “Friends of the Chair”. The
representatives of these States help me to do outreach and to collect
input from delegations and/or capitals both during the formal sessions
and during the intersessional period.
Now, in order to show you
what the work looks like concretely, I will briefly take you through
some of the work we have done so far.
Box 1 Working Characterisation of LAWS
The rolling text first of all contains a working characterisation
of LAWS.
Delegations welcomed exchanges on this topic and
emphasized the need to have clarity on a common understanding of what
the term “LAWS” means to advance the Group’s work. The elements
regarding the characterisation triggered a fundamental discussion on a
number of controversial points such as the in- or exclusion of
existing (defensive) systems, the necessary role of a human operator
and the distinction
between lethal and non-lethal weapon systems.
Over the different versions of the “rolling text”, the working
characterisation has significantly evolved.
Other boxes
The other boxes contain specific prohibitions, regulations and
other measures relating to IHL as well as commitments and measures to
ensure accountability and responsibility.
A full reflection of the
substantive discussions during our last session in March 2025 is
published on the UNODA website as “Chair’s Summary”. But allow me to
select a few of the concepts that are still under discussion.
Context-appropriate human judgement and control.
What is this exactly, and what level of direct or indirect human
involvement ensures compliance with international law? A key question
to the Group has always been how humans should exercise control over
LAWS to ensure compliance with IHL. Is there a need to always directly
control the LAWS or can indirect control be sufficient? Does “taking
the device out of a box by an operator before use” also count as human
intervention? Probably not, but where exactly do we draw the line and
how do we describe that? In these cases, “words really matter”.
It
is clear that for most, the necessary level of human judgement and
control is very much context dependent. In the new version circulated
today, I have therefore proposed “context-appropriate human judgement
and control”. This will no doubt spark some discussion among HCP’s.
Having said that, everybody does seem to agree that some level of
human involvement and/or judgement is needed. No military has an
interest in unpredictable and unreliable weapon systems. But it
remains a challenge how to ensure this in practice, and to capture
this notion in a way that accommodates the concerns of all
participants in the GGE LAWS.
Measures needed to comply to IHL
Another question is what measures are necessary for LAWS to be
compliant with IHL. In the current text, for instance, there are
references to limiting the types of targets, duration, geographical
scope, and scale of the operation of LAWS. Examples of such
limitations include “ensuring that LAWS incorporate self-destruct,
self-deactivation or self-neutralization mechanisms,” “limiting the
number of engagements a LAWS can undertake autonomously,” and
“ensuring that LAWS’ mission parameters cannot be modified by the
system without context- appropriate human judgement and control.” And
then there are further possible measures to be considered, for example
the need to implement measures to avoid specific types of bias, and
the importance of regularly reviewing
weapon systems and possible
modifications to ensure compliance to IHL.
Accountability and responsibility
The last part of the text contains elements on accountability and
responsibility, with references to the importance of a traceable and
responsible chain of human command and control, as well as the need to
ensure that “humans at all times remain responsible and accountable in
accordance with applicable international law for decisions with regard
to LAWS.”
I will give my best efforts to work, in accordance with
the mandate of the Group, towards achieving consensus on a substantial
text to be presented to the Review Conference.
Role of observers, ICRS, NGO’s and Academia.
Let me emphasize that the fruitful discussions and progress in
the GGE LAWS were only possible due to the constructive and tireless
efforts of the participants: High Contracting Parties as well as
observers. Observers, including observer States, the ICRC, NGOs,
International Organizations, and academia, have played a crucial role
in the discussions on autonomous weapons over the years. Their
participation in the GGE LAWS meetings continues to provide valuable
expertise and diverse perspectives. I encourage all those that have
not yet joined the discussions to do so and let their voices be heard.
Other relevant processes
I would like to emphasize that also initiatives outside the GGE
LAWS, including the informal consultations we are having here now in
New York, but also numerous other initiatives, regional and
international conferences, underline the growing importance of the
topic of autonomous weapon systems. These initiatives also broaden the
scope of the international discussion on autonomous weapon systems by
putting topics on the agenda that are not discussed, or not discussed
in great detail, by the GGE LAWS. The reason being that it has a
narrowly defined mandate, because of a high sense of urgency and also
taking into account the limited number of meeting days per year.
Concluding
Let me conclude by stating that progressing towards meaningful
and effective international agreements on strategically and
operationally important weapon systems, is never an easy job. As I
said earlier, “words matter” and reaching consensus takes time. Not
because we are involved in a word game of finding synonyms and
translations, but because we are grappling with the dynamics between
military necessity, humanitarian considerations and the international
legal order in times of geopolitical tensions.
I think I can
safely say that many States, if not all, are deeply interested in
acquiring some of the capabilities that AI and LAWS promise. At the
same time, the reason we have this discussion in the framework of the
CCW is that the High Contracting Parties want to do so in a
responsible manner, battling risks of AI and autonomy in weapon
systems that no State wants to become reality.
In doing so
responsibly, we should put all our effort into making sure IHL is
applied and respected. For this reason, the process might not always
be as swift as we would like to see, but I remain convinced that it is
better to take some extra time and achieve a future-proof consensus
with everybody on board, than ending up with a relatively quick fix
that has only limited support among the military significant
states.
Chair,
Let me reassure you once more that I am well
aware that the context of the GGE is challenging. There are no quick
fixes to complex problems. However, in the GGE LAWS we are witnessing
a unique willingness to make progress and to engage constructively,
something we should cherish also taking into account the prevailing
security environment.
Therefore, I call upon all of you to keep
supporting the process and to feed us with your insights, expertise,
and ideas to
bridge divergences. The Group can only benefit from
your expertise and views.
I am looking forward to welcome you in
Geneva at the September session of the GGE LAWS.
I thank you for
your attention and stand ready to take questions.