Dr. Jonathan Kwik,

@article{nokey,

title = {Performance or Explainability? A Law of Armed Conflict Perspective},

author = {Jonathan Kwik and Tom van Engers },

editor = { Angelos Kornilakis and Georgios Nouskalis and Vassilis Pergantis and Themistoklis Tzimas},

year  = {2023},

date = {2023-11-21},

journal = {Artificial Intelligence and Normative Challenges},

pages = {255–279},

publisher = {Springer},

edition = {International and Comparative Legal Perspectives},

series = {Law, Governance and Technology Series (LGTS, volume 59)},

abstract = {Machine learning techniques lie at the centre of many recent advancements in artificial intelligence (AI), including in weapon systems. While powerful, these techniques utilise opaque models whose internal workings are generally quite difficult to explain, which necessitated the development of explainable AI (XAI). In the military domain, both performance and explainability are important and legally required by international humanitarian law (IHL). In practice, however, these two desiderata are in conflict, as improving explainability may involve paying an opportunity cost in performance and vice versa. It is unclear how IHL requires States to address this dilemma. In this article, we attempt to operationalise normative IHL requirements in terms of P (performance) and X (explainability) to derive qualitative guidelines for decision-makers on this issue. We first explain the explainability-performance trade-off, what causes it, and what its consequences are. Then, we explore relevant IHL principles that include P and X as requirements, and develop four tenets derived from these principles. We demonstrate how IHL prescribes minimum values for both P and X, but that once these values are achieved, P should be prioritised over X. We conclude by formulating a general guideline and provide an example of how this would impact model choice.},

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@article{nokey,

title = {THE CONCEPTUAL ROOTS OF THE CRIMINAL RESPONSIBILITY GAP IN AUTONOMOUS WEAPON SYSTEMS},

author = {JONATHAN KWIK},

url = {https://law.unimelb.edu.au/__data/assets/pdf_file/0008/4816367/Kwik.pdf},

year  = {2023},

date = {2023-07-01},

journal = {Melbourne Journal of International Law},

volume = {24},

pages = {1-26},

abstract = {One major reason for the controversy around autonomous weapon systems (‘AWS’) is the concern that no criminal liability is possible for resulting war crimes. This article takes a comprehensive look at one factor, the cognitive element of mens rea, and how and when characteristics specific to artificial intelligence (‘AI’) can render it more difficult to assign criminal liability to the deploying commander. It takes a multidisciplinary approach, considering both technical characteristics of modern AI and realistic conditions under which AWS are used. The article finds that modern AI primarily induces reduced perceivability through imperfect tracking of human intuition, opacity and generic reliability metrics. It also finds that AWS make it easier to willingly avoid acquiring cognition simply through inaction. Subsequently, it attempts to locate the exact loci of the problem within criminal law’s spectrum of intent. This article finds that the epicentre of difficulty lies at the intermediate level of risk-taking, and particularly situations of generic risk: the condition where there is awareness only of a nondescript, indeterminate probability of ‘something going wrong’. In contrast, no-gap situations are identified higher up the ladder of intent where there is purpose or virtual certainty, and judicious gaps lower down where we want ‘impunity’ for justified risk-taking and genuine accidents. Additionally, this article also considers the dangers of manufactured ignorance, where the risk can theoretically be known but in practice was not, due to a prior, separate omission. It ends with recommendations to address these challenges, including reducing opacity, standardising iterative investigations and enforcing technical trainings.},

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@article{nokey,

title = {Model of a military autonomous device following International Humanitarian Law},

author = {Tomasz Zurek and Jonathan Kwik and Tom van Engers },

url = {https://link.springer.com/article/10.1007/s10676-023-09682-1},

doi = {10.1007/s10676-023-09682-1},

year  = {2023},

date = {2023-02-15},

urldate = {2023-02-15},

journal = {Ethics and Information Technology},

volume = {25},

abstract = {In this paper we introduce a computational control framework that can keep AI-driven military autonomous devices operating within the boundaries set by applicable rules of International Humanitarian Law (IHL) related to targeting. We discuss the necessary legal tests and variables, and introduce the structure of a hypothetical IHL-compliant targeting system.},

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@article{nokey,

title = {Negligence Failures and Negligence Fixes. A Comparative Analysis of Criminal Regulation of AI and Autonomous Vehicles},

author = {Alice Giannini and Jonathan Kwik },

url = {https://link.springer.com/article/10.1007/s10609-023-09451-1},

doi = {10.1007/s10609-023-09451-1},

year  = {2023},

date = {2023-01-12},

journal = {Criminal Law Forum},

volume = {34},

pages = {43–85},

abstract = {Automated vehicles (“AV”) can greatly improve road safety and societal welfare, but legal systems have struggled with the prospect of whom to hold criminally liable for resulting harm, and how. This difficulty is derived from the characteristics of modern artificial intelligence (“AI”) used in AV technology. Singapore, France and the UK have pioneered legal models tailored to address criminal liability for AI misbehaviour. In this article, we analyse the three models comparatively both to determine their individual merits and to draw lessons from to inform future legislative efforts. We first examine the roots of the problem by analysing the characteristics of modern AI vis-à-vis basic legal foundations underlying criminal liability. We identify several problems, such as the epistemic problem, a lack of control, the issue of generic risk, and the problem of many hands, which discommode the building blocks of criminal negligence such as awareness, foreseeability and risk taking – a condition we refer to as negligence failures. Subsequently, we analyse the three models on their ability to address these issues. We find diverging philosophies as to where to place the central weight of criminal liability, but nevertheless identify common themes such as drawing bright-lines between liability and immunity, and the introduction of novel vocabulary necessary to navigate the new legal landscape sculpted by AI. We end with specific recommendations for future legislation, such as the importance of implementing an AI training and licensing regime for users, and that transition demands must be empirically tested to allow de facto control.},

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@article{nokey,

title = {Mitigating the Risk of Autonomous Weapon Misuse by Insurgent Groups},

author = {Jonathan Kwik},

url = {https://www.mdpi.com/2075-471X/12/1/5/html#},

doi = {https://doi.org/10.3390/laws12010005},

year  = {2022},

date = {2022-12-30},

journal = {MDPI},

volume = {12},

issue = {1},

abstract = {The intersection between autonomous weapon systems (‘AWS’) and non-State armed groups (‘NSAG’) is an underexplored aspect of the AWS debate. This article explores the main ways future policymakers can reduce the risk of NSAGs committing violations of the laws of armed conflict (‘LOAC’) using AWS once the technology becomes more prolific and easily distributable. It does this by sketching a chronological picture of an NSAG’s weapons obtention process, looking first at its likely suppliers and transport routes (acquisition), and, subsequently, at factors which can increase the risk of LOAC violations once the system is in their possession (use). With regard to use, we find that the lack of explicit legal obligations in LOAC to (a) review weapons meant solely for transfer and (b) provide technical training to recipients of transfer constitute serious reasons why LOAC violations may be aggravated with the introduction of AWS to insurgent groups. We also find, however, that States are uniquely and powerfully placed to address both acquisition and use factors, and outline how they can be persuaded into implementing the risk-reducing measures recommended in this article for purely strategic reasons, i.e., even if they express no interest in improving LOAC compliance per se.},

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@article{nokey,

title = {Can a Military Autonomous Device Follow International Humanitarian Law?},

author = {Tomasz Zurek and Mostafa Mohajeriparizi and Jonathan Kwik and Tom van Engers},

url = {https://ebooks.iospress.nl/doi/10.3233/FAIA220479},

doi = {10.3233/FAIA220479},

year  = {2022},

date = {2022-12-14},

urldate = {2022-12-14},

journal = { Frontiers in Artificial Intelligence and Applications},

volume = {362},

pages = {273 - 278},

abstract = {The paper presents a formal model and an experimental verification of the system controlling the International Humanitarian Law compliance for the autonomous military device.},

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@article{nokey,

title = {A Practicable Operationalisation of Meaningful Human Control},

author = {Jonathan Kwik},

editor = {Patricia Easteal},

url = {https://www.mdpi.com/2075-471X/11/3/43},

doi = {https://doi.org/10.3390/laws11030043},

year  = {2022},

date = {2022-05-16},

urldate = {2022-05-16},

journal = {MDPI},

volume = {11},

number = {43},

issue = {3},

pages = {1-21},

abstract = {Meaningful Human Control (MHC) has been a consistent key term in legal debates concerning autonomous weapon systems (AWS), but its usefulness as a policy or lawmaking tool is limited due to a lack of clarity on what the concept encompasses. This study engaged in a thorough literature study of official statements, policy papers and academic papers published between 2013–2021 to determine features common to these proposals and synthesise a workable framework of MHC. The framework identifies five core elements—awareness, weaponeering, context control, prediction and accountability—and many interlocking mechanisms which link these elements together in a causal and chronological manner corresponding to the military targeting process. Subsequently, a detailed commentary and discussion is provided on the individual differences between sources, how specific elements can be implemented in practice by military commanders, and particularly controversial points are highlighted which require specific consideration by commentators and policymakers. The framework identifies concrete and practicable ways commanders can exercise control over AWS and serves as a solid foundation for further legal analysis of commanders’ duties when employing AWS, for future policy discussions, and as a problem-solving tool to resolve important legal questions such as the ubiquitous ‘accountability gap’ conundrum. },

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@article{nokey,

title = {Designing International Humanitarian Law into Military Autonomous Devices},

author = {Jonathan Kwik and Tomasz Zurek and Tom van Engers},

url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4109286},

year  = {2022},

date = {2022-05-13},

journal = {ASSER research paper 2022-06},

abstract = {This position paper presents a discussion on the problem of implementing the rules of International Humanitarian Law in AI-driven military autonomous devices. We introduce a structure of a hybrid data- and knowledge-driven computational framework of a hypothetical targeting system built from the ground up with IHL compliance in mind. We provide a model and a discussion of necessary legal tests and variables. },

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@article{nokey,

title = {Algorithmic fog of war: When lack of transparency violates the law of armed conflict},

author = {Jonathan Kwik and Tom Van Engers},

url = {https://content.iospress.com/articles/journal-of-future-robot-life/frl200019},

doi = {10.3233/FRL-200019},

year  = {2021},

date = {2021-12-07},

journal = {Faculty of Law, University of Amsterdam, Amsterdam 1001NA, Netherlands},

volume = {2},

number = {1-2},

pages = {43-66},

abstract = {Under international law, weapon capabilities and their use are regulated by legal requirements set by International Humanitarian Law (IHL). Currently, there are strong military incentives to equip capabilities with increasingly advanced artificial intelligence (AI), which include opaque (less transparent) models. As opaque models sacrifice transparency for performance, it is necessary to examine whether their use remains in conformity with IHL obligations. First, we demonstrate that the incentives for automation drive AI toward complex task areas and dynamic and unstructured environments, which in turn necessitates resort to more opaque solutions. We subsequently discuss the ramifications of opaque models for foreseeability and explainability. Then, we analyse their impact on IHL requirements from a development, pre-deployment and post-deployment perspective. We find that while IHL does not regulate opaque AI directly, the lack of foreseeability and explainability frustrates the fulfilment of key IHL requirements to the extent that the use of fully opaque AI could violate international law. States are urged to implement interpretability during development and seriously consider the challenging complication of determining the appropriate balance between transparency and performance in their capabilities.},

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@article{4,

title = {Preservation As Reconciliation: The Value Of Raising Awareness On Cultural Property In Post-conflict Ambon},

author = {Yustina Trihoni Nalesti Dewi and Jonathan Kwik and Yulita Titik Sunarimahingsih and Bernadeta Tyas Susanti},

url = {http://ijcs.ro/volume-11-2020/#Issue4

http://ijcs.ro/public/IJCS-20-85_Dewi.pdf},

issn = {2067-533X},

year  = {2020},

date = {2020-12-15},

journal = {INTERNATIONAL JOURNAL OF CONSERVATION SCIENCE},

volume = {11},

number = {4},

pages = {1127-1134},

abstract = {A significant portion of cultural symbols in Ambon, Indonesia were destroyed during the 1999-2004 religious conflict. This widespread devastation of religious and cultural objects was an attack against Ambonese group identities, the ramifications of which persist today, complicating reconciliatory efforts. This paper aims to raise awareness on the importance of the conservation of cultural objects in Ambon as one way to promote sustainable peace in the region, and draws attention to customary socio-political entities (negeri) as important actors to be considered in the discussion. Data was obtained through studies of literature and documentation, interviews, and focus group discussions. It was found that to their recent rise in prominence in Ambonese governance, negeri are expected to be able to significantly contribute in this effort through the social engagement of its members. Raising awareness should include cross-religious (Muslim/Christian) education, which will indirectly aid in the reconciliation effort by building mutual trust and recognition between cultural identities.},

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@article{5,

title = {The Road to Ongwen: Consolidating Contradictory  Child Soldiering Narratives in International  Criminal Law},

author = {Jonathan Kwik},

url = {http://apjihl.org/index.php/apjihl/issue/view/1/1},

issn = {2719-1141},

year  = {2020},

date = {2020-11-01},

journal = {Asia Pacific Journal of International Humanitarian Law},

volume = {1},

number = {1},

pages = {135},

abstract = {The trial of Dominic Ongwen, an ex-child soldier turned perpetrator, has attracted debate concerning the position of international criminal law (ICL) on perpetrators of war crimes with a complex background of childhood victimization. From some perspectives, such persons are accountable adults responsible for unspeakable crimes, while from others, the lack of regard for their oppressive and corrupting upbringing in a violent armed group does a disservice to their victim status. This article explores the development of the narrative in ICL on three key subjects related to the Ongwen discussion: (1) the traditional prosecutorial focus on adults vis-à-vis children; (2) to what extent children’s agency is recognized; and (3) the long-term effects of child soldiering. Several potential inconsistencies are identified with respect to each subject. While it is found that most inconsistencies have formed as a result of positive intentions, they could nevertheless negatively impact future ex-child soldier perpetrator cases if left unaddressed. The article subsequently discusses the ramifications of each diverging narrative and whether they can be consolidated. It is demonstrated how mostcontradictions are theoretically reconcilable but that ICL must make deliberate efforts to do so, in order to guarantee the adoption of a consistent and congruent narrative moving forward.},

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@article{3,

title = {Good agreements make good neighbours: Settlements on maritime boundary disputes in South East Asia},

author = {Eddy Pratomo and Jonathan Kwik},

url = {https://www.sciencedirect.com/science/article/abs/pii/S0308597X19308929},

doi = {https://doi.org/10.1016/j.marpol.2020.103943},

year  = {2020},

date = {2020-04-01},

journal = {Marine Policy},

volume = {117},

number = {103943},

pages = {1-8},

abstract = {Control over marine areas is instrumental for a country's economy, resources, and security. This vested interest of States in surrounding oceans leads to maritime boundary disputes, which are common in South East Asia. Maritime boundary disputes can be resolved through many methods, and it is often difficult for individual States to determine which option to pursue. Indonesia, as the largest archipelagic State in the world, has an extensive history dealing with maritime boundary disputes. This article examines landmark cases with which Indonesia was involved to examine the effectivity of various dispute settlement methods, both casuistically and from a broader policy perspective. Firstly, a theoretical study is presented of the different forms of dispute resolution available for maritime boundary issues, including their advantages and disadvantages. Then, specific cases are discussed: The South China Sea dispute, the development of the archipelagic principle in UNCLOS, and several experiences of disputes concerning Indonesia's maritime perimeter. Ultimately, the authors recommend exhausting all possibilities for negotiated settlements before considering other avenues such to arbitration, litigation, avoidance, and temporary alternatives. Negotiated settlements offer both short-term advantages (increased utility for both parties, mutual acceptability, flexibility, amicableness) as well as long-term gains (higher implementability, positive precedents for future ventures). Some weaknesses were also determined, namely time-intensiveness and the necessity to grant concessions. In general, States are encouraged to pursue negotiated settlements based on mutual interests, as these tend to endure. Specifically, Indonesia and geographically similar States should continue pursuing diplomatic solutions for unresolved segments, reinforcing its existing rights, and preventing misinformation spread to the public.},

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@article{1,

title = {The Baku Bae Movement : A Ward against Prolonged Religious Violence in Post-Conflict Ambon},

author = {Yustina Trihoni Nalesti Dewi and Jonathan Kwik},

url = {https://brill.com/view/journals/jlrs/7/3/article-p243_243.xml},

doi = {10.1163/22124810-00703001},

issn = {2212-4810},

year  = {2019},

date = {2019-12-13},

journal = {Journal of law, religion and state},

volume = {7},

number = {3},

pages = {243-279},

abstract = {Ethnic and religious plurality is inextricably linked with Ambonese history. The conflict of 1999–2003 disrupted this stability and caused great damage, segregation, and radicalization. Reestablishing peace proved difficult because of complex social, economic, political, and religious factors, and parties struggled to address deep-rooted issues such as intergroup distrust and hatred. The Baku Bae Peace Movement (gbb) was an informal movement with humble beginnings, which quickly developed into a community effort and reignited intergroup fraternity by deploying a series of effective strategies. This article examines the gbb, its key strengths and weaknesses, and the contextual factors that led to its success. The success of the gbb may be attributed to inclusive grassroots participation and the invocation of shared moral values. This article concludes that although the gbb is difficult to replicate elsewhere, its core values can be implemented in other conflict regions to minimize or resolve religious violence, polarization, and fundamentalism.},

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@article{2,

title = {The Strategic Role of Lembaga Adat Negeri in the Fulfilment of Victims’ Rights to Reparation in Post-Conflict Ambon},

author = {Trihoni Nalesti Dewi and Jonathan Kwik and Aholiab Watloly},

url = {https://ojs.unud.ac.id/index.php/UJLC/article/view/32180},

doi = {https://doi.org/10.24843/UJLC.2017.v01.i02.p05},

issn = {2549-0680},

year  = {2017},

date = {2017-07-31},

journal = {Udayana Journal of Law and Culture},

volume = {1},

number = {2},

pages = {157-180},

abstract = {This article demonstrates the strategic position of Lembaga Adat Negeri in the fulfilment of the long-neglected right to reparation of victims in post-conflict Ambon. Lembaga Adat Negeri were chosen as the object of analysis due to their close cultural affiliation with the Ambonese society. Due to the important role that Lembaga Adat Negeri play in local Ambonese governance, it is argued that they can assist in absorbing local aspirations and aid the reparation process. The recent enactment of Law No. 6 of 2014 concerning Desa provides Lembaga Adat Negeri with ever greater momentum to spearhead reconciliation based on Ambonese traditional values and contribute to the peaceful transition of the divided people, in particular by way of fulfilling the right to reparation of victims.},

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