Jiang He

Jiang He
Principles of Integrated regulation of AI-DSS in Jus in bello

Jiang He

Poster
University / Institution

Zhongnan University of Economics and Law

Representing

China

Humans have always existed in two situations: confrontation for individualist differentiation and cooperation for socialist integration, which can also be translated as a unity in diversity in philosophy. The progress of human civilization lies in the humanization of the confrontation and cooperation for rule of law by means of democracy, and the former can be witnessed in the development of international humanitarian law in history and regular competition in global market in reality. To great extent, human civilization is a race between war and law, which eventually decides the end of human history or the rule of global law. For domestic law, the legitimacy of state along with its legal system is based on the postulate of “state of nature” as “a war of all (natural person) against all”, and the rising of modern international law is also shaped by two “world” wars.  Wars eventually end, but some law, especially the Jus ad bellum and Jus in bello, continue to survive and evolve within customary and universal international law. In times of AI and ML (machine learning), Jus in bello defined and codified by Hague Conventions system remains legally binding throughout the history, but the application of AI-DSS in war results in the increased significance of the principles of integrated regulation for the attribution of the liability in the interpretation or understanding of those rules in Jus in bello. The principles of integrated regulation of AI-DSS in Jus in bello is rooted in the rationale of the AI operation. Principles of mathematical integration and inductive logic contribute significantly to the operation and the application of AI technologies. application of AI technologies. The definition of AI technology revolution and its characteristics demonstrate the significance of the principles of integration in both internal ML processes, including Generative Adversarial Network (GAN) and the external application of big data for physical world. AI is a synchronic aggregate or system of all diachronic technology revolutions in human history in the logic of integration along the pyramid approach of Data, Information, Knowledge, Wisdom (DIKW). In the analogy of an aircraft, AI is characterized with two wings: digitalization and intellectualization, which indicates the positive strengths and negative disadvantages of the assimilation of the objective physical world and subjective human mind in the philosophy of unity in diversity in its diachronic and synchronic dimensions. The revolutionary nature and dominance of AI are the results of diachronic interaction between subjective intelligentization and objective digitalization, the former is based on the internal human wisdom and the latter is based on big data of the physical world. Such an interaction contributes to the automation and then the autonomy of modern weapons in the approach of DIKW and results in the challenges of Jus in bello, especially in definition of subjective elements or subjects of the war crimes and the evolutionary interpretation of the general principle in Jus in bello. In the integration function of GAN), the information of the battlefield and the decision-making processes of belligerents are assimilated into AI-DSS, in which the disinformation regarding the victims of war and integration of different actors within the loop of OODA (Observe, Orient, Decide, Act) may result in the unlawful civilian harm and the difficulty of liability attribution for such an act. From the objective digital data to the subjective AI decision-making, information of the civilians, combatants and Weapons of Mass Destruction (WMD) and means and methods of warfare, which are regulated by Hague and Geneva Conventions system and recognized through customary