Convicting Autonomous Weapons? Criminal Responsibility of and for AWS under International Law.

The article examines the challenge of assigning criminal responsibility when autonomous weapon systems (AWS) cause unlawful harm, highlighting a "responsibility gap" due to the complex involvement of multiple human actors and the autonomous nature of AWS. It evaluates arguments for and against holding AWS themselves criminally liable, concluding that current legal principles require conscious, moral agency, which AWS lack, making such liability unfeasible. The discussion then explores human accountability, including meaningful human control, individual criminal liability, and command responsibility, but finds these approaches limited by practical and doctrinal difficulties, especially regarding mens rea requirements under international criminal law. The article suggests that instead of attempting to close the responsibility gap through expanded criminal liability, legal efforts should focus on establishing stringent obligations for the development, testing, and supervision of AWS to prevent malfunctions and ensure compliance with international humanitarian law.