by Zhixiong Huang and Haokun Yu
Abstract: The military application of artificial intelligence challenges existing international law, which remains applicable but structurally insufficient to resolve emergent moral dilemmas, accountability gaps, and compliance deficits. Consequently, establishing a new treaty is a de jure necessity. However, this necessity confronts formidable de facto obstacles: the strategic imperatives of major military powers, prevailing
scepticism towards treaty-making, and an unfavourable international political environment render the adoption of such an instrument almost de facto improbable. Nevertheless, this article argues that the treaty-making process can facilitate the formation of customary international law, serve as supplementary evidence for legal interpretation, and impose reputational costs on non-party states.
Keywords: AI in the military domain; Military AI; International humanitarian law; New treaty; International law-making process.
