FROM GENEVA TO THE ALGORITHM: HUMANITARIAN PRINCIPLES AND DISARMAMENT IN THE FACE OF NEW TECHNOLOGIES OF WAR

Abstract

The article examines the evolution, since 1945, of the cardinal principles of International Humanitarian Law (military necessity, distinction, proportionality, prohibition of unnecessary suffering and precautions in attack) and their articulation with the core principles of disarmament law (transparency, verifiability, irreversibility and non-discrimination). Through a qualitative, legal-dogmatic and historical-critical approach based on treaties, international jurisprudence, UN resolutions and specialized doctrine, it reconstructs how both sets of principles have progressively converged, forming a shared humanitarian framework to limit means and methods of warfare. The study shows that concerns inherent to IHL have driven major humanitarian disarmament processes, including the prohibition of chemical and biological weapons, anti-personnel landmines, cluster munitions and, more recently, nuclear weapons. It also analyzes the challenges posed by autonomous weapons systems, artificial intelligence in hostilities and offensive cyber operations, assessing whether existing IHL and disarmament principles provide adequate parameters for their regulation. It concludes that the interdependence between both branches is essential to guiding the governance of emerging technologies.