1st Edition
Autonomous Weapons Systems and the Responsibility of States Challenges and Possibilities
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.
Introduction. PART I – SETTING THE GROUND FOR DISCUSSING STATE RESPONSIBILITY IN THE CONTEXT OF AUTONOMOUS WEAPONS SYSTEMS. Autonomous Weapons Systems: Concepts and Unpredictability. The Accountability Gap, the Focus on Individual Criminal Responsibility, and the Shadow of State Responsibility until 2022. PART II - INTERNATIONAL RESPONSIBILITY OF STATES AND AUTONOMOUS WEAPONS SYSTEMS: ARTICLES ON THE RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS. The Articles on the Responsibility of States for Internationally Wrongful Acts and Autonomous Weapon Systems. The Internationally Wrongful Act of a State: General Principles, Attribution, and Breach of an International Obligation. The Internationally Wrongful Act of a State: Responsibility of a State for AWS Violations in Connection with the act of another State. The Internationally Wrongful Act of a State: Force Majeure; and the Content of the International Responsibility of a State: Assurances of Non-Repetition. Autonomous Weapons Systems and Special Issues Related to Primary Norms Impacting Responsibility. PART III MIND THE GAPS: VENUES TO ENHANCE STATE RESPONSIBILITY AND ACCOUNTABILITY. Autonomous Weapons Systems: Regulative Options and Substantive Possibilities De Lege Ferenda. Issues that can be Addressed Through Tailored Attribution Rules. Issues that can be Addressed Through a Strict Liability Regime. Issues That can be Addressed Through other Autonomous Weapons Systems Specific Rules. Conclusion. Bibliography. Index.
Biography
Lutiana Valadares Fernandes Barbosa is a human rights advocate and has been a Federal Public Defender since 2010. She was a researcher for UNESCO on the implementation of the Recommendation on the Ethics of Artificial Intelligence in the Brazilian context. Lutiana has a Ph.D. in International Law from the Federal University of Minas Gerais, a Master of Laws from Columbia University (James Kent Scholar Academic Recognition), and a Master of Laws from Pontifícia Universidade Católica de Minas Gerais (cum laude). Lutiana has authored 11 Pillars for Human Rights Education and co-authored Artificial Intelligence and Human Rights (in Portuguese).
