The Human/Weapon Relationship in the Age of Autonomous Weapons and the Attribution of Criminal Responsibility for War Crimes

Marta Bo

Madeleine Elish will lead a discussion of Marta Bo‘s The Human/Weapon Relationship in the Age of Autonomous Weapons and the Attribution of Criminal Responsibility for War Crimes on Saturday, April 13, at 4:00 p.m. Friday, April 12, at 1:45 p.m. at #werobot 2019.

This paper will inquire into how the advent of artificial intelligence in warfare impacts the human-weapon command-and-control relationship and how this relationship may alter the mental state of the soldiers and/or commanders charged with deploying LAWS. In particular, this may include an inability to understand and assess the risk inherent in the deployment of LAWS due to their complexity and unpredictability, over reliance on information that may be subject to automation bias or alternatively lack of trust in LAWS leading to relevant information being ignored.

Madeleine Elish

Assessment of these new features against mens rea standards raises questions of whether these features alter the perpetrator’s awareness of risks, his/her failure to perceive risks and subjective attitude towards these risks. These elements will inform the assessment of the mental state of the accused which may be determinative for the ascription of criminal responsibility.