Aiding and Abetting

Ventura, Manuel J.

doi:10.1017/9781108678957.007

Cited by 7 publications

(1 citation statement)

References 24 publications

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“…A useful provision is Article 25(3)(c) of the Rome Statute on 'aiding and abetting', because the material element 'can be remote from the time and location of where the crime in question is committed'. 172 Article 25(3)(c) holds an individual criminally responsible 'for the purpose of facilitating the commission' of a crime if the individual 'aids, abets or otherwise assists in its commission or attempted commission, including providing the means for its commission'. A crucial question is thus what specific conduct on the part of the developers of an AWS amounts to aiding, abetting, assisting or providing the means for committing a war crime arising from the use of the AWS during an armed conflict?…”

Section: Establishing Conduct That Gives Rise To Developers' Particip...mentioning

confidence: 99%

Retaining Human Responsibility in the Development and Use of Autonomous Weapon Systems: On Accountability for Violations of International Humanitarian Law Involving AWS

Bo¹,

Bruun²,

Boulanin³

2022

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It is undisputed that humans must retain responsibility for the development and use of autonomous weapon systems (AWS) because machines cannot be held accountable for violations of international humanitarian law (IHL). However, the critical question of how, in practice, humans would be held responsible for IHL violations involving AWS has not featured strongly in the policy debate on AWS. This report aims to offer a comprehensive analysis of that very question. This report explores how the two central frameworks structuring the ascription of responsibility for IHL violations—namely the rules governing state responsibility and individual criminal responsibility—apply to the development and use of AWS. The report aims to help policymakers (a) deepen their understanding of the conditions necessary to hold states and individuals accountable for IHL violations; (b) identify issues that would make IHL violations involving AWS development and use potentially difficult to discern, scrutinize and attribute; and (c) formulate policy measures that could help uphold respect for IHL and reduce challenges to holding actors legally responsible.

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Section: Establishing Conduct That Gives Rise To Developers' Particip...mentioning

confidence: 99%