@misc{9228315,
  abstract     = {{While publicly available information regarding the military use of Large Language Models (LLMs) remains limited, reflecting the broader lack of transparency surrounding the integration of Artificial Intelligence (AI), emerging developments suggest that LLMs are increasingly being incorporated into warfare. This essay aims to examine the legal challenges associated with the use of LLMs by determining whether they comply with the fundamental principles under International Humanitarian Law (IHL) and whether the law is
sufficient to fulfil the purpose of the regulation. 

“Means and methods” should be understood as weapons in the widest sense, including the manner in which they are used. The review set out in Article 36 of Additional Protocol I to the 1977 Geneva Conventions (AP I) is becoming increasingly relevant for managing the development of new weapons, as in the case with LLMs. The focus in Article 36 of AP I is on the weapon’s intended use and its foreseeable operational context, rather than on hypothetical misuse. This reveals a regulatory gap concerning new weapons under IHL. 

Through a critical analysis, the essay has argued for both potential compliance with and risks of violations of the principles of IHL. These risks may vary depending on the level of support provided by LLMs, the criticality of the situation, and the possible consequences. The military commander retains control but may accept certain decisions because recommendations generated by LLMs influence the decision-making process, thereby risking the neglect of moral judgement. With emphasis on the principle of humanity, the essay concludes that IHL is rooted in the idea of human good faith, and moral conscience. Machines cannot guarantee this competence nor meet the requirements set out by IHL. However, the nature of warfare is evolving and a strict application of IHL may overlook contemporary challenges. The findings show the need for continuous assessment on AI-enabled weapons, considering the rapid technological advancements in the military domain as systems are updated with new software and retrained on new data.}},
  author       = {{Tolevska, Rebecka}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{AI as Military Commander: An Analysis of the Legal Implications of LLM Operations in Modern Warfare}},
  year         = {{2026}},
}