A/HRC/23/47
LAR violations.57 Since a commander can be held accountable for an autonomous human
subordinate, holding a commander accountable for an autonomous robot subordinate may
appear analogous. Yet traditional command responsibility is only implicated when the
commander “knew or should have known that the individual planned to commit a crime yet
he or she failed to take action to prevent it or did not punish the perpetrator after the fact.” 58
It will be important to establish, inter alia, whether military commanders will be in a
position to understand the complex programming of LARs sufficiently well to warrant
criminal liability.
79.
It has been proposed that responsibility for civil damages at least should be
assigned to the programmer and the manufacturers, by utilizing a scheme similar to strict
product liability. Yet national product liability laws remain largely untested in regard to
robotics.59 The manufacturing of a LAR will invariably involve a vast number of people,
and no single person will be likely to understand the complex interactions between the
constituent components of LARs.60 It is also questionable whether putting the onus of
bringing civil suits on victims is equitable, as they would have to bring suit while based in a
foreign country, and would often lack the resources.
80.
The question of legal responsibility could be an overriding issue. If each of the
possible candidates for responsibility identified above is ultimately inappropriate or
impractical, a responsibility vacuum will emerge, granting impunity for all LAR use. If the
nature of a weapon renders responsibility for its consequences impossible, its use should be
considered unethical and unlawful as an abhorrent weapon. 61
81.
A number of novel ways to establish legal accountability could be considered. One
of the conditions that could be imposed for the use of LARs is that responsibility is
assigned in advance.62 Due to the fact that technology potentially enables more precise
monitoring and reconstruction of what occurs during lethal operations, a further condition
for their use could be the installation of such recording devices, and the mandatory ex post
facto review of all footage in cases of lethal use, regardless of the status of the individual
killed.63 A system of “splitting” responsibility between the potential candidates could also
be considered.64 In addition, amendments to the rules regarding command responsibility
may be needed to cover the use of LARs. In general, a stronger emphasis on State as
opposed to individual responsibility may be called for, except in respect of its use by nonstate actors.
57
58
59
60
61
62
63
64
Rome Statute of the ICC, art. 28; Heather Roff “Killing in War: Responsibility, Liability and Lethal
Autonomous Robots” p. 14, available from
http://www.academia.edu/2606840/Killing_in_War_Responsibility_Liability_and_Lethal_Autonomo
us_Robots
Protocol I additional to the Geneva Conventions, 1977, arts. 86 (2) and 87.
Patrick Lin “Introduction to Robot Ethics” in Patrick Lin et al (eds.) Robot Ethics: The ethical and
Social Implications of Robotics (MIT Press, 2012), p. 8.
Wendell Wallach “From Robots to Techno Sapiens: Ethics, Law and Public Policy in the
Development of Robotics and Neurotechnologies” Law, Innovation and Technology Vol. 3 (2011)
p. 194.
Gianmarco Verugio and Keith Abney “Roboethics: The Applied Ethics for a New Science” in Lin,
(see note 59 above), p. 114; Robert Sparrow “Killer Robots” Journal of Applied Philosophy Vol. 24,
No. 1 (2007).
See Ronald Arkin “The Robot didn‟t do it” Position Paper for the Workshop on Anticipatory Ethics,
Responsibility and Artificial Agents p. 1, available from http://www.cc.gatech.edu/ai/robotlab/publications.html
Marchant (see note 26 above), p. 7.
Krishnan (see note 31 above), 105.
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