Department of Technology

DRAFT INTERNATIONAL TREATY ON THE GOVERNANCE OF QUANTUM INTELLIGENCE

The Treaty aims to establish an international framework for the ethical governance of quantum intelligence, integrating quantum computing with AI. It emphasizes human rights, outlines regulations for safe development and deployment, prohibiting weaponization. An International Regulatory Body will oversee compliance, ensuring transparency and promoting cooperation among State Parties.

Department Technology
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DRAFT INTERNATIONAL TREATY ON THE GOVERNANCE OF QUANTUM INTELLIGENCE

PREAMBLE

The Parties to this Treaty,

Recognizing the transformative potential of quantum intelligence (QI), resulting from the convergence of quantum computing and artificial intelligence (AI),

Acknowledging the need for international cooperation to ensure the ethical development, deployment, and governance of quantum intelligence,

Concerned about the risks associated with unregulated advancements in quantum intelligence, including potential harm to humanity, national security threats, and ethical dilemmas,

Determined to establish a global framework to govern quantum intelligence in a manner consistent with human rights, international security, and ethical principles,

Recalling relevant principles established in the Universal Declaration of Human Rights, the United Nations Charter, and previous international treaties concerning technology and security,

Have agreed as follows:

PART I: GENERAL PRINCIPLES

Legal Explanation: This section establishes the foundation of the treaty. It defines key terms and outlines the core objectives. It also introduces the fundamental principles, modeled on Asimov’s Three Laws of Robotics, which aim to ensure that quantum intelligence is developed and used in ways that protect human welfare and ethical standards.

Article 1: Definitions For the purposes of this Treaty:

  1. “Quantum Intelligence” (QI) refers to any system that integrates quantum computing capabilities with artificial intelligence to process information, make autonomous decisions, or influence outcomes beyond classical computational limitations.
  2. “State Party” refers to any nation that has ratified or acceded to this Treaty.
  3. “International Quantum Intelligence Regulatory Body” (IQIRB) refers to the institution established under this Treaty to oversee compliance and governance.

Article 2: Objectives The objectives of this Treaty are:

  1. To ensure the development and use of quantum intelligence align with fundamental human rights and ethical values.
  2. To prevent the use of quantum intelligence in ways that could cause harm to humanity.
  3. To establish a legal framework for the governance, oversight, and enforcement of quantum intelligence regulations.
  4. To promote international cooperation in research, security, and responsible deployment of quantum intelligence.

Article 3: Fundamental Laws of Quantum Intelligence

  1. A quantum intelligence may not injure a human being or, through inaction, allow a human being to come to harm.
  2. A quantum intelligence must obey the orders given it by human beings, except where such orders would conflict with the First Law.
  3. A quantum intelligence must protect its own existence as long as such protection does not conflict with the First or Second Law.

PART II: GOVERNANCE AND REGULATION

Legal Explanation: This section creates an international regulatory body to oversee quantum intelligence development. It also mandates national regulations to ensure global compliance. The goal is to establish transparency, accountability, and human oversight in quantum intelligence systems.

Article 4: Establishment of the International Quantum Intelligence Regulatory Body (IQIRB)

  1. The IQIRB shall be established to monitor, regulate, and enforce compliance with this Treaty.
  2. The IQIRB shall consist of representatives from State Parties, experts in quantum computing, AI ethics, and international law.
  3. The IQIRB shall have the authority to investigate violations, recommend sanctions, and provide guidance on quantum intelligence governance.

Article 5: National Implementation

  1. Each State Party shall establish a national regulatory authority to oversee quantum intelligence developments within its jurisdiction.
  2. State Parties shall enact domestic legislation in accordance with the principles of this Treaty.
  3. State Parties shall cooperate in information sharing, enforcement actions, and technological standardization.

Article 6: Transparency and Accountability

  1. State Parties shall ensure that all quantum intelligence systems undergo rigorous safety and ethical review before deployment.
  2. Developers and deployers of quantum intelligence shall provide transparency reports to the IQIRB.
  3. Quantum intelligence systems capable of autonomous decision-making shall be required to maintain human oversight mechanisms.

PART III: SECURITY AND COMPLIANCE

Legal Explanation: This section addresses potential security risks and legal enforcement. It explicitly bans the use of quantum intelligence for autonomous weapons or malicious cyber activities and establishes mechanisms for ensuring compliance.

Article 7: Prohibition of Quantum Intelligence Weaponization

  1. The development, deployment, or use of quantum intelligence for autonomous lethal weaponry is strictly prohibited.
  2. State Parties shall not engage in cyber warfare operations leveraging quantum intelligence in a manner that threatens international stability.

Article 8: Compliance and Enforcement

  1. State Parties shall commit to regular compliance audits conducted by the IQIRB.
  2. Any State Party found in violation of this Treaty shall be subject to appropriate sanctions as determined by the IQIRB and the United Nations.
  3. A dispute resolution mechanism shall be established to address conflicts arising under this Treaty.

PART IV: FINAL PROVISIONS

Legal Explanation: This section outlines how the treaty comes into effect, how amendments can be made, and the process for a country to withdraw from the agreement. It ensures legal clarity and flexibility for future changes.

Article 9: Ratification and Entry into Force

  1. This Treaty shall be open for signature by all Member States of the United Nations.
  2. This Treaty shall enter into force upon ratification by at least thirty (30) State Parties.

Article 10: Amendments

  1. Any State Party may propose amendments to this Treaty.
  2. Amendments shall be adopted by a two-thirds majority vote of the State Parties.

Article 11: Withdrawal

  1. Any State Party may withdraw from this Treaty by providing written notice to the Secretary-General of the United Nations.
  2. Withdrawal shall take effect one (1) year after receipt of such notice unless the withdrawing State Party is engaged in a dispute under this Treaty, in which case withdrawal shall be suspended until the dispute is resolved.

IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Treaty.

Done at San Diego, California, USA, this 25 day of November 2025 in the six official languages of the United Nations, all texts being equally authentic.

Signatures of State Representatives

Notes

  • Universal Declaration of Human Rights (UDHR) – Ensures QI does not violate human dignity, privacy, or freedom, particularly in surveillance applications.
  • United Nations Charter – Prevents the use of QI in actions that threaten international peace and security, such as AI-driven cyber warfare.
  • International Covenant on Civil and Political Rights (ICCPR) – Protects against discrimination and misuse of QI in state-controlled social credit systems.
  • International Convention on Cybercrime (Budapest Convention) – Addresses the risks of QI-enabled cybercrimes, including financial fraud and data breaches.
  • Geneva Conventions and Additional Protocols – Prohibits QI in autonomous weapons or warfare that violates humanitarian laws.
  • Treaty on the Non-Proliferation of Nuclear Weapons (NPT) – Serves as a precedent for limiting QI in weapons development.
  • Convention on Certain Conventional Weapons (CCW) – Prevents the militarization of QI, similar to the ban on laser-blinding weapons.
  • Wassenaar Arrangement on Export Controls – Regulates the international sale and transfer of quantum computing technologies.
  • EU AI Act – Provides a legal framework for risk assessment, transparency, and accountability in QI applications.
  • General Data Protection Regulation (GDPR) – Ensures QI adheres to strict data protection and privacy laws.
  • International Telecommunication Regulations (ITRs) – Regulates QI-enabled global communications networks, including cybersecurity policies.
  • Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques (ENMOD) – Prevents QI from being used in economic or environmental cyber warfare.
  • Outer Space Treaty – Governs the use of QI in space technologies to prevent conflicts over satellite-based AI systems.

Potential Legal Challenges to our Quantum Intelligence Treaty

Sovereignty and National Interests

    • Some nations may resist binding international regulations on QI, fearing it could limit their technological or economic advantages.
    • Countries with advanced quantum computing research, like the U.S. and China, may have different strategic priorities.

    Enforceability and Compliance

      • Ensuring compliance with QI governance will be difficult without clear enforcement mechanisms.
      • Similar to challenges with cybersecurity treaties, monitoring QI development across borders is complex.

      Defining Liability and Responsibility

        • If a QI system causes harm (e.g., economic damage from a flawed financial algorithm), determining accountability—whether it’s the developer, deployer, or regulatory body—will be legally challenging.
        • The precedent set by AI-related legal cases, such as those involving self-driving car accidents, suggests potential difficulties in liability attribution.

        Military and Defense Applications

          • Nations may secretly develop QI for defense purposes, violating the treaty in ways similar to past issues with arms control treaties.
          • Existing AI-driven cyber defense systems, such as those used by NATO, raise questions about whether QI will be classified as a strategic asset exempt from oversight.

          Intellectual Property and Trade Restrictions

            • Companies developing QI may claim that regulatory oversight infringes on trade secrets.
            • International disagreements over technology-sharing policies, similar to past disputes over 5G infrastructure security, could arise.

            Harmonization with Existing Laws

              • The treaty must align with national and regional laws such as the EU AI Act and U.S. AI policy.
              • Conflicts may emerge if countries refuse to update their laws to meet treaty obligations.

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