RUSI JournalVOLUME 171ISSUE 1

The Misguided Effort to Regulate Military AI: No New IHL Needed

Keith Dear and Magdalena Pacholska
9 February 2026clockLong Read
The existing international law is technology-neutral and sufficient to regulate military uses of narrow AI in a way that maintains human accountability

The existing international law is technology-neutral and sufficient to regulate military uses of narrow AI in a way that maintains human accountability. Courtesy of Imago/Alamy

Keith Dear and Magdalena Pacholska argue that humans are responsible and accountable when delegating the use of lethal force to machines and these actions are regulated by existing international humanitarian law.

There is no need for new laws or guiding principles. International discussion on lethal autonomous weapons systems and AI decision support systems are unnecessary. The real concern is artificial general intelligence and jus ad bellum, which should be the focus of UN and international discussions, specifically on AI’s military and security applications and effects.

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