Autonomous Weapons Systems and the Responsibility of States

Challenges and Possibilities

Lutiana Valadares Fernandes Barbosa

• Publisher: CRC Press
• Year: 2024
• Print ISBN: 9781032692326
• eBook ISBN: 9781040149737
• Edition: 1
• Topic: Computer Science
• Subtopic: Human-Computer Interaction
• Index: Computer Science

This book reviews whether the existing framework in place can effectively address breaches in the context of Autonomous Weapons Systems (AWS). The work endeavors to map out the main gaps and some possible approaches to address them. Part I sets the ground. First, it provides a concept of AWS. Next, it discusses the accountability gap AWS generate and shows how the international community has put far more emphasis on individual responsibility rather than state responsibility. Part II analyzes the challenges AWS pose to the regime governing state responsibility under international law, as codified in the Draft Articles on State Responsibility (ARSIWA). In this regard, it discusses attribution, breach of an international obligation, tempus comissi delicti, multiple states involved in a breach, force majeure, assurance of non-repetition, issues related to damage, the human-machine interaction and its impacts on state´s responsibility, responsibility for not using AWS, weapons review and the duty of due diligence. Part III summarizes the challenges discussed in part II in thirteen issues of concern and presents possible paths de lege ferenda to address each of those issues, mainly a paradigm shift in attribution and strict liability, among seven other more specific proposals. The conclusion reached is that the current regime on the international responsibility of states is insufficient to deal with the new challenges AWS pose. De lege ferenda, the book argues for following the paths suggested in part III. It also reflects on parts II and III's findings and how many of AWS's challenges to state´s responsibility apply to other autonomous devices. Therefore, through the case study of AWS, this work also opens the broader discussion of the gaps in the international responsibility of states regarding autonomous device misdoings.

Table of contents

• Cover Page
• Title Page
• Copyright Page
• Foreword
• Foreword
• Acknowledgments
• Preface
• List of Abbreviations
• Table of Contents
• Introduction
• Part I: Setting the Ground for Discussing State Responsibility in the Context of Autonomous Weapons Systems
• Part II: International Responsibility of States and Autonomous Weapons Systems: Articles on the Responsibility of States For Internationally Wrongful Acts
• Part III: Mind the Gaps: Venues to Enhance State Responsibility and Accountability
• Appendix A: AWS Timeline
• Appendix B: Excerpts from the Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions on AWS
• Appendix C: Excerpts from the Final Document of the Fifth Review Conference – Decision to Formally Establish the CCW GGE
• Appendix D: Excerpts from the Report of the 2017 Group of Governmental Experts on Lethal Autonomous Weapons Systems (LAWS)
• Appendix E: Excerpts from the Report of the 2018 Group of Governmental Experts on Lethal Autonomous Weapons Systems (LAWS)
• Appendix F: Excerpts from the Report of the 2019b Group of Governmental Experts on Lethal Autonomous Weapons Systems (LAWS)
• Appendix G: AWS Guiding Principles (CCW/MSP/2019/9)
• Appendix H: Excerpts of the Chairperson's Summary of the 2020 Work of the GGE – Impact of the Global Covid-19 Pandemic
• Appendix I: Excerpts of the Report of the 2021 Session of the GGE – Statement on State Responsibility
• Appendix J: Excerpts of the 2021 Sixth Review Conference of the High Contracting Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects
• Appendix K: Excerpts of the Report of the 2022 Session of the GGE – Statement on State Responsibility and Comparative Table (Chair's Draft Final Report x Report)
• Appendix L: Excerpts of the Report of the 2023 Session of the GGE – Statement on State Responsibility
• Appendix M: Use of AWS in Libya
• Appendix N: Comments on the 2023 U.S. 2023 DoD Directive 30009 on Autonomy in Weapon Systems
• Bibliography
• Index