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Individual Criminal Responsibility for Autonomous Weapons Systems in International Criminal Law
Series: - International Humanitarian Law Series, Volume: 65
Author:
In this book Barry de Vries addresses the issue of autonomous weapons in international criminal law. The development of autonomous weapon systems is progressing. While the technology advances, attempts to regulate these weapons are not keeping pace. It is therefore likely that these weapons will be developed before a new legal framework is established. Many legal questions still remain and one of the most important ones among them is how individual responsibility will be approached. Barry de Vries therefore considers this issue from a doctrinal international criminal law perspective to determine how the current international criminal law framework will address this topic.
Barry de Vries, is a Postdoctoral Research Fellow in Public International Law at that the Justus-Liebig University Giessen and an associated researcher at the Peace Research Institute Frankfurt.
1
Introduction
1 Ban the Bot?
2 Historical Visions of Autonomy
3 Responsibility for Autonomous Weapon Systems
2 Development of Autonomy in Weapon Systems
1 The History of Automation in Weapon Systems
2 Weapon Systems Currently in Use
2.1 Mines
2.2 Missile Defence Systems
2.3 Unmanned Aerial Vehicles
2.4 Unmanned Ground Vehicles
2.5 Cyber Weapons
2.6 Loitering Munitions
3 Likely Future Developments
4 Reasons for the March towards Autonomy
5 Programming
5.1 Machine Learning
5.2 Artificial Intelligence
5.3 ‘Strong’
AI
5.4 Ethical Governor
5.5 Bounded Morality
3 Meaning of Autonomy
1 General Notions of Autonomy
1.1 Autonomy in Philosophy
1.2 Autonomy in Technical Discussions
2 Autonomy Spectra
3 Dimensions of Autonomy in Autonomous Systems
3.1 Human-Machine Relation
3.2 Sophistication of the Machine
3.4 The Type of Decision Being Automated
4 Conclusion
4 The Why of International Criminal Justice
1 The History of Individual Criminal Accountability in International Criminal Justice
2 The Proposed Reasons for International Criminal Justice
2.1 Retribution
2.2 Deterrence
2.3 Truth-Telling
2.4 Providing Justice for Victims
2.5 Facilitation of Peace
2.6 The Expressive Effect of International Criminal Justice
3 Conclusion
5
AWS
Considered as Prohibited Weapons
1 Introduction
2 Weapons Law under International Humanitarian Law
2.1 Superfluous Injury or Unnecessary Suffering
2.1.1 Introduction
2.1.2 History
2.1.3 What Is the Correct English Wording?
2.1.4 What Suffering Is Superfluous or What Injury Is Unnecessary?
2.1.5 Conclusion
2.2 Inherently Indiscriminate
2.2.1 Introduction
2.2.2 Which Cannot be Directed
2.2.3 Effects that Cannot be Limited
2.2.4 Conflation between the Law of Targeting and Weapons Law
2.3 Conclusion
3 Employing Prohibited Weapons under International Criminal Law
3.1 Introduction
3.2 A Nature to Cause
3.3 Inherently Indiscriminate
3.4 Annex
3.5 Comprehensive Prohibition
3.6 Nullum Crimen
3.7 Non-international Armed Conflicts
3.8 Amendment Procedure
4 Application to Autonomous Weapons Systems
4.1 Introduction
4.2 Are
AWS
of a Nature to Cause Superfluous Injury or Unnecessary Suffering?
4.3 Are
AWS
Inherently Indiscriminate?
4.4 What Future Could There Be for
AWS
under Art. 8(2)(b)(xx)
ICC
Statute?
5 Conclusion
6
AWS
Considered as Responsible Actors
1 Introduction
2 General Actus Reus and Mens Rea
2.1 Actus Reus
2.2 Mens Rea
3 Actus Reus and Mens Rea in International Criminal Law
3.1 Actus Reus within International Criminal Law
3.2 Interpretation of Mens Rea within International Criminal Law
4
AWS
and
Mens Rea
5 Conclusion
7 Commission
1 Introduction
2 Theories of Perpetration
3 Individual Perpetration
4 Co-perpetration
5 Indirect Perpetration
5.1 General Indirect Perpetration
5.2 Organisationsherrschaft
5.2.1 History of Organisationsherrschaft
5.2.2 Incorporation of Organisationsherrschaft by the
ICC
5.2.3 The Interpretation of Organisationsherrschaft by the
ICC
5.3 Conclusion on Indirect Perpetration
6 Indirect Co-perpetration
7 Commission Through
AWS
?
7.1 Direct Human Involvement
7.2 No Direct Human Involvement
7.2.1 Direct Perpetration
7.2.2 Joint Perpetration
7.2.3 Indirect Perpetration
8 Conclusion
8 Superior Responsibility
1 Introduction
2 Early History
3 Post-World War
II
Jurisprudence
3.1 Yamashita
3.2 International Military Tribunal for the Far East
3.3 Western Prosecutions after World War
II
4 Additional Protocol
I
5 The Ad Hoc Tribunals
5.1 The
ICTY
and
ictr
Statutes
5.2 Superior Responsibility in the Jurisprudence of the
ICTY
and the
ICTR
5.2.1 The Existence of a Superior-Subordinate Relationship
5.2.2 Knew or Had Reason to Know
5.2.3 Failure to Take Necessary and Reasonable Measures
5.2.4 Superior Responsibility of Civilians
5.3 The Nature of Superior Responsibility at the Ad Hoc Tribunals
5.4 Closing Remarks
6
ICC
Statute
6.1 Causality
6.2 Military Commanders
6.3 Civilian Superiors
6.4 Nature of Superior Responsibility under Article 28
ICC
Statute
7 Applicability of Superior Responsibility to
AWS
8 Conclusion
9 Conclusion
1 Conclusion
2 Ban the Bot?
Treaties, Conventions & Domestic Legislation
Jurisprudence
Bibliography
Index
1 Ban the Bot?
2 Historical Visions of Autonomy
3 Responsibility for Autonomous Weapon Systems
2 Development of Autonomy in Weapon Systems
1 The History of Automation in Weapon Systems
2 Weapon Systems Currently in Use
2.1 Mines
2.2 Missile Defence Systems
2.3 Unmanned Aerial Vehicles
2.4 Unmanned Ground Vehicles
2.5 Cyber Weapons
2.6 Loitering Munitions
3 Likely Future Developments
4 Reasons for the March towards Autonomy
5 Programming
5.1 Machine Learning
5.2 Artificial Intelligence
5.3 ‘Strong’
5.4 Ethical Governor
5.5 Bounded Morality
3 Meaning of Autonomy
1 General Notions of Autonomy
1.1 Autonomy in Philosophy
1.2 Autonomy in Technical Discussions
2 Autonomy Spectra
3 Dimensions of Autonomy in Autonomous Systems
3.1 Human-Machine Relation
3.2 Sophistication of the Machine
3.4 The Type of Decision Being Automated
4 Conclusion
4 The Why of International Criminal Justice
1 The History of Individual Criminal Accountability in International Criminal Justice
2 The Proposed Reasons for International Criminal Justice
2.1 Retribution
2.2 Deterrence
2.3 Truth-Telling
2.4 Providing Justice for Victims
2.5 Facilitation of Peace
2.6 The Expressive Effect of International Criminal Justice
3 Conclusion
5
1 Introduction
2 Weapons Law under International Humanitarian Law
2.1 Superfluous Injury or Unnecessary Suffering
2.1.1 Introduction
2.1.2 History
2.1.3 What Is the Correct English Wording?
2.1.4 What Suffering Is Superfluous or What Injury Is Unnecessary?
2.1.5 Conclusion
2.2 Inherently Indiscriminate
2.2.1 Introduction
2.2.2 Which Cannot be Directed
2.2.3 Effects that Cannot be Limited
2.2.4 Conflation between the Law of Targeting and Weapons Law
2.3 Conclusion
3 Employing Prohibited Weapons under International Criminal Law
3.1 Introduction
3.2 A Nature to Cause
3.3 Inherently Indiscriminate
3.4 Annex
3.5 Comprehensive Prohibition
3.6 Nullum Crimen
3.7 Non-international Armed Conflicts
3.8 Amendment Procedure
4 Application to Autonomous Weapons Systems
4.1 Introduction
4.2 Are
4.3 Are
4.4 What Future Could There Be for
5 Conclusion
6
1 Introduction
2 General Actus Reus and Mens Rea
2.1 Actus Reus
2.2 Mens Rea
3 Actus Reus and Mens Rea in International Criminal Law
3.1 Actus Reus within International Criminal Law
3.2 Interpretation of Mens Rea within International Criminal Law
4
5 Conclusion
7 Commission
1 Introduction
2 Theories of Perpetration
3 Individual Perpetration
4 Co-perpetration
5 Indirect Perpetration
5.1 General Indirect Perpetration
5.2 Organisationsherrschaft
5.2.1 History of Organisationsherrschaft
5.2.2 Incorporation of Organisationsherrschaft by the
5.2.3 The Interpretation of Organisationsherrschaft by the
5.3 Conclusion on Indirect Perpetration
6 Indirect Co-perpetration
7 Commission Through
7.1 Direct Human Involvement
7.2 No Direct Human Involvement
7.2.1 Direct Perpetration
7.2.2 Joint Perpetration
7.2.3 Indirect Perpetration
8 Conclusion
8 Superior Responsibility
1 Introduction
2 Early History
3 Post-World War
3.1 Yamashita
3.2 International Military Tribunal for the Far East
3.3 Western Prosecutions after World War
4 Additional Protocol
5 The Ad Hoc Tribunals
5.1 The
5.2 Superior Responsibility in the Jurisprudence of the
5.2.1 The Existence of a Superior-Subordinate Relationship
5.2.2 Knew or Had Reason to Know
5.2.3 Failure to Take Necessary and Reasonable Measures
5.2.4 Superior Responsibility of Civilians
5.3 The Nature of Superior Responsibility at the Ad Hoc Tribunals
5.4 Closing Remarks
6
6.1 Causality
6.2 Military Commanders
6.3 Civilian Superiors
6.4 Nature of Superior Responsibility under Article 28
7 Applicability of Superior Responsibility to
8 Conclusion
9 Conclusion
1 Conclusion
2 Ban the Bot?
Treaties, Conventions & Domestic Legislation
Jurisprudence
Bibliography
Index
All interested in the issue of autonomous weapons systems, and anyone concerned with international criminal law and theories of individual responsibility.