Collaboration without over-reliance: the role of industry in making military AI "lawful by design"

In the policy debate on artificial intelligence (AI) in the military domain, there is a growing consensus that international humanitarian law (IHL) must be a central consideration in the design of military AI systems. The imperative to make military AI systems “lawful by design” has, naturally, led to a sharper focus on the role of industry. But what this means in practical terms for AI suppliers – and how states can and should collaborate with industry to strengthen IHL compliance – remains an open question.

In this post, Laura Bruun and Netta Goussac from the Stockholm International Peace Research Institute (SIPRI) argue that while focusing on IHL at the design stage makes sense, it carries the risk that states over-rely on industry to make military “lawful by design”. Efforts to elaborate what it means to make military AI “lawful by design” must be grounded in realistic expectations and limits, as well as clear legal responsibilities.