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Lawfully Using Autonomous Weapon Technologies

Lawfully Using Autonomous Weapon Technologies

Author: Jonathan Kwik
Publisher: T.M.C. Asser Press
ISBN: 9789462656307
Published In: August 2024
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This monograph provides a practical and operational perspective to the question of how to lawfully employ autonomous weapon systems (AWS) from the point-of-view of the technology's end-users: field commanders. While there is international consensus that targeting rules such as proportionality and precautions must be respected when using AWS, there is legal and practical ambiguity as to how to translate this normative commitment into practice. How are commanders in the field, when guns are already blazing, expected to exercise command-and-control when ordering AWS-attacks, and ensure that their targeting obligations remain fulfilled?

The book discusses how commanders can use existing targeting frameworks to ensure that their use of AWS remains in compliance with the rules governing the conduct of hostilities. It invites the reader to step into the shoes of the military commander with all the operational pressure and uncertainty inherent to this position, and explores amongst others:

How to maintain control of AWS throughout a targeting cycle
How to make informed and reasoned deployment decisions by analysing information related to the technical parameters of the AWS, the characteristics of the operational environment, and enemy countermeasures
Under which circumstances AWS may not be used under targeting rules, such as indiscriminate attack, proportionality and the duty to cancel/suspend
What extra precautionary measures unique to AWS technology can and should be employed
When it is militarily desirable to employ AWS over other alternatives; and
Under what circumstances criminal liability may be attributed for AWS-related harm

It offers both academic and practical outputs: new legal and doctrinal insights on the technology that is useful for future legal developments, and workable recommendations and efficient flowcharts that can be adopted by commanders, military organisations or policymakers to ensure IHL-compliant deployment of AWS.

Part I. FRAMING THE STUDY

Chapter 1. Introduction

Part II. CONTROLLING AWS

Chapter 2. Controlling AWS: A cyclical process

Part III. UNDERSTANDING AWS

Chapter 3. AI fundamentals and the military environment.- Chapter 4. Measures of performance.- Chapter 5. Causes of failure.- Chapter 6. Adversarials: Anti-AI countermeasures

Part IV. AWS IN THE LEGAL-OPERATIONAL CONTEXT

Chapter 7. Legal-operational analysis: Introduction.- Chapter 8. Legally-salient variables for AWS.- Chapter 9. AWS and targeting.- Chapter 10. Desirability of using AWS

Part V. CRIMINAL LIABILITY

Chapter 11. Criminal liability: Problem setting.- Chapter 12. Obstacles to criminal liability: a systemic analysis.- Chapter 13. Across the spectrum of intent

Part VI. CONCLUSIONS

Chapter 14. Integration and closing

Appendix

Index