Lethal Autonomous Weapons Systems (LAWS) and Individual Criminal Responsibility

Lethal Autonomous Weapon Systems (LAWS) are systems which, once activated by a human, can identify, select and engage targets with lethal force without further human intervention. While systems incorporating rudimentary autonomous functions have existed for decades, recent technological advancements, especially in the field of AI, have accelerated the creation of LAWS and are making their use more widespread. This poses significant questions for international law related to criminal liability for international crimes committed by or using LAWS.

As in any criminal law system, international crimes require an individual to have acted with intent or negligence to incur liability. When autonomous systems are involved, establishing this becomes difficult, posing complex legal questions: to what extent can LAWS be considered as acting autonomously? What is the threshold? When should an operator be held liable? Existing legal frameworks give rise to an ‘accountability gap’, as lack of consensus and legal uncertainty can create situations in which no individual can be held criminally liable; how might this gap be addressed?

This topic invites you to consider how LAWS have been legally regulated in the past, what existing legal arguments and principles can be used to regulate LAWS today, and how they should be applied.

The Definition, Scope and Application of the Immunity of State Officials from Prosecution for Serious International Crimes under Foreign Criminal Jurisdiction

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