Analysis of regulatory and legal aspects of the use of artificial intelligence in military management systems

Abstract

Based on an analysis of existing regulatory and legal aspects, attention is focused on key legal issues and risks associated with the use of AI in combat management: responsibility and legal accountability, compliance with international humanitarian law (IHL), protection of personal data and intelligence data, dual-use and export restrictions, reliability, explainability and testing, ethical and human rights issues; indicative regulatory practices are presented: what Ukraine should consider – formalization of internal rules for defense agencies, ensuring human control, application of accountability and audit mechanisms, compliance with international documents and compatibility with partners, control over the export/import of technologies, and cooperation with industry; proposes practical recommendations (specific steps) for the implementation of AI in Ukrainian military affairs: a national concept/strategy for regulating AI in the defense sector procedures, certification, and testing for DSS used in combat management, the principle of human control in regulations, a mechanism for distributing responsibility between the manufacturer, operator, and state, rules for data processing and protection in defense AI systems, transparency and accountability, training and professional development, cooperation with international partners; international standards and the influence of external regulations are described; international experience, ethical principles, and national security needs were taken into account in the writing of this article; outlines aspects of the current national legal framework and initiatives for the application of artificial intelligence in military command and control systems.
It identifies areas for further research necessary to improve regulatory oversight in the field of AI application in military command and control, namely: detailed analysis of specific cases of AI application in combat conditions in Ukraine (legal, ethical, operational); study of legal precedents (in international law, international humanitarian justice) regarding liability for the actions of autonomous or semi-autonomous systems; development of a methodology for risk assessment and auditing of AI systems in defense department standards; research on the integration of AI solutions with cybersecurity systems, protection of personal and operational data, intellectual property, and state secrets; empirical research in the context of the attitude of society, military personnel, and commanders towards the use of AI in combat management, in order to take social and psychological factors into account in regulatory regulation.