Abstract

The Israel Defense Forces (IDF) have been actively employing Decision Support Systems (DSS) such as Gospel, Lavender, and Where’s Daddy in the operational theatre against Hamas. According to a recently published investigative article, those systems allegedly allow human operators to select eligible targets within a limited timeframe (about 20 seconds); what is more, those systems’ margin of error would be around 10%. It is thus questionable whether human operators maintain meaningful human control over DSS systems. The paper analyzes this technology through the lens of existing rules and principles of International Humanitarian Law (IHL), namely distinction, proportionality, and precau-tions in attack. It then turns to a core principle of that branch of international law, that is the principle of humanity as encapsulated in the Martens Clause and in other relevant rules. While arguing that DSS are not prohibited per se, the paper strives to demonstrate not only their actual inconsistency with the abovementioned norms, but also their impact on how those are interpreted and applied in practice. A rediscovery of the content of those principles, particularly humanity, by international and domestic judges may be beneficial when addressing this technology and future ones.