44 No. 76 JUSTICE weapon that can only be located in one place at a time). Finally, domestic export regimes are limited when facing transnational corporations, like NSO – the author of Pegasus – that is subject to various export regimes in Bulgaria, Cyprus, and Israel. See Asaf Lubin, “Selling Surveillance,” INDIANA UNIVERSITY LEGAL STUDIES RESEARCH PAPER SERIES 10-11 (2023). 51. Supra note 1. 52. AP I, supra note 44, at art. 36. 53. Human Rights Committee, General comment No. 36 on article 6 of the International Covenant on Civil and Political Rights, on the right to life, UN Doc. CCPR/C/ GC/36 (Oct. 30, 2018), at ¶ 65. 54. Isabelle Daoust, Robin Coupland & Rikke Ishoey, “New wars, new weapons? The obligation of States to assess the legality of means and methods of warfare,” 84 INTERNATIONAL REVIEW OF THE RED CROSS 345, 348 (2002). 55. While one might try to question whether defensive tools deployed by the IDF such as the Iron Dome require a legal review, AI based enhances to weapons and munitions, like SPIKE LR II, fall under the ambit of Article 36. 56. See AP I, supra note 45, at art. 36; see also Vincent Boulanin, “Implementing Article 36 Weapon Reviews in the Light of Increasing Autonomy in Weapon Systems,” SIPRI 1, 5 (Nov. 2015) (“Boulanin”); International Committee of the Red Cross, “A Guide to the Legal Review of Weapons, Means and Methods of Warfare” (Dec. 2006) (“ICRC Guideline”), 939-942, available at https://www.icrc.org/en/doc/assets/files/ other/irrc_864_icrc_geneva.pdf 57. In such cases, questions relating to the application of the precautionary principle, or some version thereof, might arise. See Brian Rappert and Richard Moyes, “Enhancing the Protection of Civilians from Armed Conflict: Precautionary Lessons,” 26 MEDICINE, CONFLICT AND SURVIVAL 24 (2010). 58. Gabriel Nicholas, “Explaining Algorithmic Decisions,” 4 GEO. L. REV. 711, 715 (2020). 59. In the context of AI based tools, and more generally technology, a claim can be made that IHRL is actually an important complementary tool. The concept is not intended to create a new category of rights. Rather, it involves the translation of existing human rights into the digital-operational environment of modern warfare. In operational terms, this effort is translated to multiple stages of the system’s lifecycle. For discussion on the role of IHRL and international law at large, in the context of private companies and armed conflicts, see Tal Mimran, “International Corporations as New Duty Holders: Reflections on the Experience of Microsoft in Ukraine,” 46 U. PA. J. INT’L L. (Special Issue) 97 (2025).
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