The Regulation of War in Times of Artificial Intelligence: Legal Perspectives and Practical Challenges Regarding the Deployment of Autonomous Weapons Systems in Belgium

This article pursues a two-fold objective: 1) it explores if and how AI-driven weapons systems are defined and regulated under Belgian law; and 2) examines whether the current legal framework is sufficiently adjusted to deal with offences committed by or by means of such weapons systems. To this end, it first presents the Belgian political debate and legal approach to those complex issues, at both the national and international levels. Whereas Belgium has been an active party in international discussions (particularly at UN level), parliamentary initiatives at national level have not resulted in substantial legislative amendments. Next, the article describes the general, domestic legal framework on the jus ad bellum and the jus in bello, questioning the conformity of the use of autonomous weapons systems (AWS) with the existing principles and rules. Finally, the article addresses potential jurisdictional questions and explains the legal challenges triggered by AWS in light of the general principles of criminal liability.