Autonomous Weapon System and Command Responsibility

Autonomous Weapon Systems (AWS) are gradually becoming incorporated into warfare as technology advances and capabilities increase. The challenge of ensuring the responsibility for acts of an AWS poses some significant challenges. Under International Humanitarian Law (IHL) and international criminal law, individuals are criminally responsible for any war crimes they commit. It is unclear who can be held responsible for deaths and war crimes committed by AWS.

This Article is focused on human-out-of-the loop weapons. This Article outlines the legal theory of command responsibility, which international criminal courts may apply to achieve responsibility. This Article examines the individual and state responsibility, and a test for determining command responsibility is conducted. Further, this Article discusses the intent and command responsibility, international criminal law framework for AWS, and the search for criminal culpability.

Finally, this Article provides four solutions for command responsibility in relation to AWS.