Artificial intelligence-driven modern warfare has sparked significant debate regarding their use and the potential violations of international law. The growing reliance on artificial intelligence-powered Automated Weapon Systems by states, coupled with their direct violations of various aspects of international criminal law, presents numerous challenges. Despite their ‘automation’ and ‘artificial’ drive, the one who triggers or operates these systems play an undeniable role in the outcomes. This creates a unique legal situation where the connection between key criminal law elements, mens rea (mental state), and actus reus (physical act), becomes difficult to establish. This leads to the major issue of Accountability Asymmetry. Even though individuals are actively involved in the various stages of its manufacturing to deployment, AWS has been considered ‘beyond human control’, resulting in a lack of accountability. As the use of AWS continues to grow and its complexities increase, it becomes challenging to assign responsibility to any individual due to the various stages of operation and decision-making involved. Article 25(4) of the Rome Statute clarifies that the International Criminal Court can only exercise jurisdiction over natural persons. This paper aims to explore this ‘Accountability Asymmetry’ from the perspectives of Individual Criminal Liability.

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Navigating ‘Accountability Asymmetry’ by Re-assessing Individual Criminal Responsibility: Gauging Usage of Artificial Intelligence-Driven Automated Weapon System

  • Saheli Chakraborty,
  • Nirbindu Banerjee

摘要

Artificial intelligence-driven modern warfare has sparked significant debate regarding their use and the potential violations of international law. The growing reliance on artificial intelligence-powered Automated Weapon Systems by states, coupled with their direct violations of various aspects of international criminal law, presents numerous challenges. Despite their ‘automation’ and ‘artificial’ drive, the one who triggers or operates these systems play an undeniable role in the outcomes. This creates a unique legal situation where the connection between key criminal law elements, mens rea (mental state), and actus reus (physical act), becomes difficult to establish. This leads to the major issue of Accountability Asymmetry. Even though individuals are actively involved in the various stages of its manufacturing to deployment, AWS has been considered ‘beyond human control’, resulting in a lack of accountability. As the use of AWS continues to grow and its complexities increase, it becomes challenging to assign responsibility to any individual due to the various stages of operation and decision-making involved. Article 25(4) of the Rome Statute clarifies that the International Criminal Court can only exercise jurisdiction over natural persons. This paper aims to explore this ‘Accountability Asymmetry’ from the perspectives of Individual Criminal Liability.