Buchan, R. and Tsagourias, N. orcid.org/0000-0002-1701-2572 (2020) Autonomous cyber weapons and command responsibility. International Law Studies, 96. pp. 645-673. ISSN 2375-2831
Abstract
Autonomous cyber weapons have made their way onto the battlefield, raising the question of whether commanders can be held criminally responsible under command responsibility when war crimes are committed. The doctrine of command responsibility has a long history in international criminal law and comprises three core elements: the existence of a superior-subordinate relationship, the commander’s knowledge of the crime, and the commander’s failure to prevent or repress the subordinate’s criminal actions. This article unpacks the content of these elements and applies them to autonomous cyber weapons by treating them as being analogous to soldiers since they operate within an organized system of command and control. The article goes on to address the important question of whether autonomous cyber weapons as subordinates can commit crimes and then examines the element of causality for the purposes of command responsibility. This article also explains the nature of command responsibility and offers conclusions as to its utility in establishing accountability when war crimes are committed by autonomous cyber weapons.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2020 The Author(s). This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. (http://creativecommons.org/licenses/by-nc-sa/4.0/) |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 08 Jul 2021 10:28 |
Last Modified: | 08 Jul 2021 11:23 |
Published Version: | https://digital-commons.usnwc.edu/ils/vol96/iss1/2... |
Status: | Published |
Publisher: | Stockton Center for International Law |
Refereed: | Yes |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:175156 |
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