Autonomous weapon system and command/ superior responsibiliy in international law

Abstract

As technology and capabilities progress, Autonomous Weapon Systems (AWS) are increasingly being integrated into the wars and conflicts between the states. The difficulty of maintaining accountability for AWS's actions presents several important obstacles. Humans are criminally accountable for every act of war they undertake according to International Humanitarian Law (IHL) and also International criminal law. It is questionable who could be held accountable for AWS's fatalities and acts of war. The present research focuses on human out-of-the-loop weaponry. The present paper will discuss the legal concept of superior responsibility that international criminal tribunals may use to determine the responsibility. The present paper investigates personal as well as state responsibility, along with a criterion for assessing the responsibility of commanders or state superiors. The work also examines the objectives and superior responsibility, the structure that governs the International Criminal Law towards AWS, and the quest for criminal liability.