The Martens Clause and Ethical Limits of Artificial Intelligence in Warfare

Artificial Intelligence (AI) has significantly reshaped the nature of war and introduced new and unique legal and ethical dilemmas that must be addressed. The use of autonomous weapons systems, predictive targeting technologies and AI-assisted military operations will strain the traditional understandings of International Humanitarian Law (IHL), including accountability, respect for human dignity and civilian protection. The Martens Clause becomes a key normative compass in the conduct of war where treaty law still has gaps to fill and where existing treaty law may be unclear. This paper discusses the applicability of the Martens Clause in the field of AI-based warfare and its potential as a source of moral constraints on autonomous military technologies. It analyses whether such moral constraints can be used to fill the legal vacuum in this area. The Martens Clause is analysed from a doctrinal perspective, contending that it is an emerging moral barrier to unchecked technological militarization and is conducive to the establishment of binding international rules for the use of AI in warfare.