000302569 001__ 302569
000302569 005__ 20250213135641.0
000302569 0247_ $$2doi$$a10.1093/jicj/mqae001
000302569 037__ $$aARTICLE
000302569 245__ $$aWho acts when autonomous weapons strike?$$bthe act requirement for individual criminal responsibility and state responsibility
000302569 269__ $$a2023
000302569 336__ $$aJournal Articles
000302569 520__ $$aThis essay examines the theories according to which ‘actions’ carried out by autonomous weapon systems enabled by strong artificial intelligence in detecting, tracking and engaging with the target (‘intelligent AWS’) may be seen as an ‘act’ of the weapon system for the purpose of legal responsibility. The essay focuses on the material act required for the commission of war crimes related to prohibited attacks in warfare. After briefly presenting the various conceptions of the act as an essential component of the material element of criminal offences, it argues that the material act of war crimes related to prohibited attacks is invariably carried out by the user of an ‘intelligent AWS’. This also holds true in the case of so-called ‘unintended engagements’ during the course of a military attack carried out with an intelligent AWS. The essay moves on to examine the question of whether, in the case of the use of intelligent AWS by the armed forces of a state, the ‘actions’ of intelligent AWS — including those not intended by the user — are attributable to the state. It demonstrates that under a correct understanding of the concept of ‘act of state’ for the purpose of attributing state responsibility under international law, such attribution is unquestionable. It underlines that, suggesting otherwise, would bring to a breaking point the possibility of establishing violations by states of international humanitarian law in the conduct of hostilities.
000302569 542__ $$fOpen Access article, Creative Commons Attribution (CC BY) licence$$uhttps://creativecommons.org/licenses/by/4.0/
000302569 580__ $$aIn: Journal of International Criminal Justice. - Volume 21(2023), no 5, mqae001, pages 1033-1055
000302569 6531_ $$aGlobal Governance$$0319128
000302569 6531_ $$aPeace, War and Conflict
000302569 700__ $$aGaeta, Paola
000302569 8564_ $$9e037399c-a0ae-4a42-9a4b-527fe269fcf3$$s668597$$uhttps://repository.graduateinstitute.ch/record/302569/files/mqae001.pdf
000302569 901__ $$uInternational Law Department$$0319287
000302569 909CO $$ooai:repository.graduateinstitute.ch:302569$$pGLOBAL_SET$$pIHEID:Explore
000302569 981__ $$aoverwrite