Regulating Digital Weapons: Autonomous Cyberattacks, AI Warfare, and International Humanitarian Law

Abstract

The rapid integration of artificial intelligence into cyber operations has transformed the nature of contemporary conflict, producing digital weapons capable of autonomous decision-making, adaptive targeting, and machine-speed escalation. These developments challenge long-standing assumptions within International Humanitarian Law (IHL), exposing doctrinal gaps that traditional legal frameworks are not yet prepared to address. This narrative review examines the technical foundations, operational dynamics, and legal implications of autonomous cyberattacks and AI-enabled warfare, synthesizing insights from technology studies, security analysis, and humanitarian law. The discussion begins by contextualizing the emergence of digital weapons, defining autonomous cyber systems and AI warfare, and outlining their growing relevance in military doctrine and strategic competition. It then analyzes the challenges these systems pose for IHL, particularly regarding distinction, proportionality, necessity, and precaution, as well as attribution, foreseeability, dual-use infrastructure, and the ambiguity surrounding data as an object of attack. The review further evaluates existing regulatory approaches, including the Tallinn Manual, UN cyber governance initiatives, regional frameworks, and national strategies, highlighting their limitations in addressing autonomous escalation, opaque algorithms, and self-learning cyber capabilities. Building on this analysis, the final section proposes foundational elements for a coherent legal and ethical framework that integrates meaningful human control, establishes clear accountability mechanisms, promotes shared definitions of autonomous cyber weapons, strengthens due-diligence obligations, and embeds ethical principles into AI system design. The article concludes that governing digital weapons requires innovative regulatory models that combine legal, technical, and ethical expertise. Only through coordinated international efforts can states ensure that AI-enabled cyber operations evolve in ways that preserve humanitarian protections, enhance accountability, and promote stability in an increasingly digital battlespace.