Before compliance – ex-ante decision making in the design of military AI capabilities and the need to unravel the private technology sector’s role
23 September 2025
Author: Yiokasti Mouratidi
The integration of AI into military operations is reshaping how compliance with international humanitarian law (IHL) is understood. AI can improve situational awareness and embed legal safeguards through “compliance by design,” yet it also introduces risks of bias, automation errors, and rapid targeting practices that threaten legal obligations. Mouratidi shows how technology operates both as a “tool” for enforcing law and as a system governed by legal “rules,” with private tech companies’ design choices influencing how IHL itself is interpreted. This dynamic blurs the boundary between compliance and lawmaking, as technical decisions increasingly shape legal norms and ethical standards. Ultimately, the post stresses the need to look before compliance—to the design stage, moving beyond traditional public negotiations to the private actors whose technologies are actively reshaping warfare’s legal framework.
About the Beyond Compliance Blog Symposium
The Beyond Compliance Symposium has been developed within the framework of our research programme on Building Evidence on Promoting Restraint by Armed Actors. It brings together scholars and practitioners across the humanitarian, human rights, development and security sector fields to reflect on the conceptualisation of everyday negative lived experiences of armed conflict.
Understanding the personal, material, temporal and spatial scope of (civilian) harm and (humanitarian) need, as well as the characteristics and motivations of actors experiencing, causing, and exercising protective agency in relation to harm + need, represent crucial first steps in articulating effective responses. Contributions to the symposium also include reflections on legal and extra-legal strategies to prevent, reduce and redress harm + need, including through promotion of compliance with international humanitarian law and international human rights law and efforts aimed at generating restraint from violence and abuse.
Photo credit: © Anduril Industries’ Lattice at a 2020 field test of the Advanced Battle Management System (Wikipedia)
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