Accountability in Autonomous Combat: Addressing Negligence in AI Weapon Deployment

Abstract

This article advocates the creation of a new criminal offence, Negligent Deployment of Autonomous Weapon Systems, to address the legal and ethical challenges presented by the use of fully AI weapons. This proposed offence seeks to establish clear accountability for individuals and entities responsible for the design, deployment, and operational control of fully AI weapons where their negligence results in unlawful harm or poses a substantial risk of such harm. The existing body of work has primarily focused on the issue of command responsibility and mens rea in relation to military personnel who utilize such systems. The literature has emphasized the need to further explore the question of liability for negligence on the part of manufacturers and developers. This paper seeks to contribute to addressing this legal gap by proposing the introduction of a new criminal offence. Given the importance of this topic for the international community and its potentially far-reaching consequences, the author advocates the harmonization of national criminal laws on this matter and the universal adoption of this or a comparable criminal offence.