The Issue of Bias: Whitepaper on Algorithmic Bias in (Lethal) Autonomous Weapons Systems

The Issue of Bias

Whitepaper on algorithmic bias in (Lethal) Autonomous Weapons Systems by Alycia Colijn* and Heramb Podar*

Why do we need to address bias when we speak about (Lethal) Automated Weapons Systems, (L)AWS in short? In this report, we set out which types of bias should be taken into account, when they occur in the lifecycle of AWS, and what this means for policymakers.

Types of Bias

Although the rolling text at the moment of writing1 (September 2024) refers to unwanted bias in data sets, and unwanted automation bias, these two types of biases do not cover the full spectrum of bias. To clarify, bias is considered to be any type of flaw in an algorithmic system that leads to a statistic estimate that does not equal the true value2. For example, an unfair over- or underrepresentation of specific groups of people based on gender3, ethnicity, sexual orientation, religion or location, or the misclassification of objects (e.g. hospitals, places of worship, etc.).

Pre-existing biasTechnical biasEmergent bias
The first type of bias we recognize is the pre-existing bias4. This refers to any type of bias that already exists in society and is thus replicated, and often enlarged, by algorithms. This would include biased data sets as included in the rolling text.Technical bias refers to any kind of bias that occurs from the limitations of a system. This could include a system drawing from an alphabetic list, unintentionally favoring options first up in the alphabetic order.The last type of bias occurs over time, as a result from changing societal knowledge, population or cultural values. This could also include algorithmic decay, model drift or degradation.

Bias Over the System’s Life-Cycle

Bias in data collection

The first stage of development and deployment of systems is the selection of data that will be used for the training and testing of the system. These data sets are incredibly vulnerable to bias, mostly pre-existing bias. This can originate from the data sets, lack of available data (especially in military use5), but also from the data selection by developers. Where a developer could be held accountable for biased data selection, who is accountable for data sets that reflect a certain societal status quo — including the bias that already exists in society?

Bias in design and development

When the required data is collected, the model development (also referred to as model training stage) takes off. During this stage, the parameters of the models are fine-tuned. This includes decisions like: will the system make a final decision when it’s 90% sure, 95% sure, or 99% sure? Each parameter that is set comes with the risk of further enlarging bias that already exists in the data that the training stage started with (e.g. class imbalance6 – a preference for bigger ‘classes,’ for example caused by network forming in collaborative filtering algorithms7, and overfitting8 – the model recognizing random noise as a trend) and include (unconscious) bias of the developers.

It is common practice for data scientists to randomly split the initial dataset into two parts: one for training the model (model development) and the other for testing it (model validation), a process referred to as cross validation9. However, when the original data set contains certain bias, the model is then validated with a biased data set as well (and thus not really validated for the ‘real world’).

Additionally, this is the stage where technical bias comes in. To spot bias that is caused by technical limitations, it is vital that developers with different backgrounds analyze the process of model development and evaluation.

Bias in deployment and monitoring

Once in use, emerging bias is the greatest risk. This happens when the world changes, and the model is not re-trained. The loss of accuracy can be referred to as degradation10, model drift11, data drift12 or decay12. Data drift, degradation or decay occurs when the data that was used to train (develop) and test (validate) the algorithm no longer reflects the situation in which the model takes decisions, which is sometimes referred to as a distributional shift in environments. In a military context, this for example happens when a system is trained in a specific environment, which changes the longer an armed conflict continues. Model drift includes data drift, but includes other types of drift that lead to a change between the input and output variables, e.g. changing (legal) definitions or changes in military uniforms that challenge the recognition and classification of combatants.

Next to degradation, the self-learning capacities of AI can cause a negative self-reinforcing feedback loop13, which could be considered a form of overfitting over time. The model then identifies noise as a pattern, labeling for example individuals with a certain physical appearance or geographical location as targets.

Automation bias14, as referred to in the rolling text, then occurs when these fallacies are not corrected by human decision-makers because they place a higher degree of trust in the system than in human decision-making.

What Does This Mean for Policy-Makers?

An unbiased system does not exist. However, there are ways to mitigate these risks as much as possible. For policy-makers, the different risks of bias mean that there are several aspects to take into account when moving to a next step in the discussion around (L)AWS.

  1. Bias requires a lens that sees beyond just social and automation bias that is currently included in the rolling text.
  2. Although there has been no attention to the actors and teams that develop the algorithms used in (L)AWS, they greatly affect the decision-making by (L)AWS. According to a 2022 global survey with over 70,000 respondents, over 90% of developers are male15 — such a widespread survey has not yet been conducted for ethnicity, underlining the problem of lacking attention for the broad range of dimensions diversity is required in — but smaller surveys show 6016–7517% being white. The lack of diversity in these areas signals a similar homogeneity for other dimensions of diversity, e.g. sexual orientation, religious background, etc. Additionally, the private actors that currently focus on the development of algorithms for military use all have specific interests in the process. This can lead to over-stating the accuracy, only training (developing) and testing (validating) in specific circumstances and environments, and a lack of transparency on the development process of the final algorithm. It is thus vital to consider the public-private relationships that occur in the context of military use.
  3. Although the current rolling text refers to rigorous testing and evaluation of how the weapons system will perform, periodic reassessment of these evaluation measures is the absolute minimum to mitigate the risks of algorithmic decay, drift or degradation, and increase the chances of anticipated effects and predictability of the algorithmic decision-making.
  4. The current rolling text refers to traceable and explainable effects of the use of LAWS, but does not yet operationalize these requirements. To operationalize, policy-makers could consider requiring (L)AWS — or parts of these systems — to be developed open source, open core, or with source available18 to avoid so-called black box algorithms.

Further Readings

ICRC’s Blog Series on AI in the Military

  • The Risks and Inefficacies of AI-systems in Military Targeting Support by Jimena Sofía Viveros Álvares — read here
  • Falling Under the Radar: The Problem of Algorithmic Bias and Military Applications of AI by Ingvild Bode — read here
  • The Problem of Algorithmic Bias in AI-based Military Decision-Support Systems by Ingvild Bode and Ishmael Bhila — read here

UNIDIR Report on AI and Gender

  • Does Military AI Have Gender? By Katherine Chandler — read here

References

  1. GGE on LAWS. Rolling text. Convention on Certain Conventional Weapons – Group of Governmental Experts on Lethal Autonomous Weapons System.
  2. Delgado-Rodriguez M, Llorca J. Bias. J Epidemiol Community Health. 2004;58(8):635–641. doi: 10.1136/jech.2003.008466.
  3. Acheson R. Gender and bias. Women’s International League for Peace and Freedom. 2021. Link. Accessed Oct 1, 2024.
  4. Friedman B, Nissenbaum H. Bias in computer systems. ACM Transactions on Information Systems (TOIS). 1996;14(3):330–347.
  5. Corrected oral evidence: Artificial intelligence in weapons systems. 2023(2). Link. Accessed Oct 1, 2024.
  6. Bauder RA, Khoshgoftaar TM, Hasanin T. An empirical study on class rarity in big data. 2018-12:785–790. doi: 10.1109/ICMLA.2018.00125.
  7. Google. Collaborative filtering. Link. Accessed Oct 1, 2024.
  8. Ying X. An overview of overfitting and its solutions. 2019;1168:022022.
  9. Scikit Learn. 3.1. cross-validation: Evaluating estimator performance. Link. Accessed Oct 1, 2024.
  10. Bayram F, Ahmed BS, Kassler A. From concept drift to model degradation: An overview on performance-aware drift detectors. Knowledge-Based Systems. 2022;245:108632. doi: 10.1016/j.knosys.2022.108632.
  11. Holdsworth J, Belcic I, Stryker C. What is model drift? | IBM. Link. Updated 2024. Accessed Oct 1, 2024.
  12. Stihec J. Understanding data decay, data entropy, and data drift: Key differences you need to know. Link. Updated 2024. Accessed Oct 1, 2024.
  13. Hagen A. Negative feedback loops: Using an economic model to inspect bias in AI. 2020. Link. Accessed Oct 1, 2024.
  14. Automation bias. Databricks. Link. Updated 2019. Accessed Oct 1, 2024.
  15. Vailshery LS. Software developers: Distribution by gender 2022. Statista. Link. Accessed Oct 1, 2024.
  16. McEnvoy D. How ethnically diverse is the tech workforce? Link. Updated 2022. Accessed Oct 1, 2024.
  17. Weststar J. Developer satisfaction survey 2021. Western University, Ontario, Canada. Link. Accessed Oct 1, 2024.
  18. Langhammer J. Black box security software can’t keep up with open source | authentik. Authentik. Link. Updated 2023. Accessed Oct 1, 2024.

Whitepaper by Alycia Colijn (The Netherlands) and Heramb Podar (India)

Response to Call for Evidence on Digital Omnibus by European Commission

By Alycia Colijn

In September and October of 2025, the European Commission called on European citizens and organizations for evidence on their Digital Omnibus initiative, an attempt to simplify rules around digital innovation in order to foster innovation. Below, you can find our response to the call. On November 19, the Commission subsequently published their plans for the Digital Omnibus.

Simplification should however not lead to weakening of regulatory safeguards that are in place. The AI Act is complex structurally and linguistically, thus an attempt at simplifying for efficiency and effectiveness is welcome but needs careful implementation strategies so as not to lose precision and specificity and cause ambiguity, or less stringent protection of human rights. We suggest careful legal drafting and strong inter-institutional cooperation to avoid losing the regulatory basis of such Acts due to simplification.

In striving for simplification, Responsible AI should not be governed by a culture of tick-the-box ethics. That brings us to a few remarks.

Firstly, most entrepreneurs struggle with the complexity of rules, as well as the question of which rules apply. Therefore, we believe a solid communication strategy (possibly in collaboration with national compliance authorities) is a vital part of simplification. These could include visual product-launch journeys that include details on both the AI Act and the subsequent guidelines on prohibited and regulated systems that have been introduced.

Secondly, we encourage a sector-specific digital omnibus and suggest that the recently announced AI Act Advisory Forum sets up a working group around simplification, including representatives of advocates for entrepreneurial affairs (e.g. Chambers of Commerce and advocacy organizations).

Thirdly, we recommend specific guidelines for software developers and a question list that entrepreneurs can use when working with software partners. Most SMEs will not develop advanced AI models but rely on software embedding AI or build on foundational models. While the General Purpose AI Code of Practice guides the foundational models, tailored guidance for developers would facilitate AI Act adoption.

Fourthly, we believe the striving for simplification should not just be an ambition of administrative simplification, but an attempt to help small-cap entrepreneurs with the ethical implementation of AI in their business models, as most would not have the resources to conduct holistic risk analyses. Therefore, we argue for standardized, easy-to-access-and-use ethical tools, such as: open-access AI-ethics impact templates, shared databases with best practices, and common audit frameworks within sectors. These resources could be shared via the AI on Demand resource database initiative; however, AIoD would need rigorous simplification to make it user-friendly as well.

Fifthly, for the upcoming Digital Fitness Check of Consumer Laws, we would welcome recommendations in the field of contextual advertising, which reduces pressure on data centers and computing power, improves privacy, and — research shows — leads to higher conversion for commercial parties. It also mitigates monopolization risks in the field of online tracking and consumer data. For the Digital Fitness Check that will analyze the cumulative effects of the simplification, we encourage the Commission to not only analyse the reduced administrative burden, but also include ethical performance indicators, e.g. transparency of AI-related decision-making and notifications of bias and harm caused by AI systems.

Lastly, on data legislation, we encourage the Commission to prioritize, or where possible require, federated learning and on-device processing. These protect privacy, benefit entrepreneurs, and support sustainability by reducing computing power demand, aligning naturally with GDPR objectives. As the AI Act requires non-discrimination, accuracy, and traceability in datasets, we advocate for more explicit provisions ensuring datasets meet these standards. This would accelerate ongoing standardization across sectors and member states.

We deeply appreciate the Commission’s ongoing work to ensure responsible AI development and stands ready to support the implementation.