AI and International Law: Beyond Procedure to Purpose

The author, Benjamín Salas, a lawyer, reflects on the role of international law in the face of transformative artificial intelligence (AI) technology. He questions whether international law should merely promote transparent and safe AI use or also consider the ultimate direction of its development. Salas notes existing AI-related instruments, including a UN General Assembly resolution, a Council of Europe framework convention, and the EU's AI Act. However, he observes that these efforts often focus on procedural matters like transparency and risk assessment when fundamental disagreements arise among states, a common trend in international law. While acknowledging the necessity of these procedural tools, Salas argues they fall short of addressing the core issues. AI is fundamentally reshaping power dynamics between states, corporations, and individuals, necessitating a deeper inquiry into who controls AI capabilities, for what purposes, and for whose benefit. The debate around autonomous weapons exemplifies this, with discussions often centering on compliance with international humanitarian law and human control, rather than the ethical implications. Salas posits that if AI reduces the political or human costs of using force, it could inadvertently make choosing war easier. He draws a parallel to Pope Leo XIV's encyclical "Magnifica Humanitas," which references the common good. Applying this concept to AI, Salas suggests examining how its benefits are distributed, who has access to its capabilities, and whether its development reinforces or undermines societal values. He concludes that international law has historically adapted to technological shifts, and AI will be no different. However, the current challenge extends beyond procedural improvements to a fundamental re-evaluation of AI's ultimate goals, as sophisticated audits cannot answer the crucial question of where we want this technology to lead us.