Armas autónomas y responsabilidad internacional

Abstract

Autonomous weapon systems are undergoing research and development, and full deployment is foreseen in the near future. The main issues that these new technologies will raise will not only lie in the possible uncontrollable effects caused by the autonomy, or the non-kinetic effects and moral damages that they can produce, but also in the apportionment of responsibilities among the different parties involved (including state organs) in both the manufacturing and programming processes, as well as in the deployment and use phases. There is no evidence of the existence of international conventional norms that regulate the use and deployment of these systems. The fundamental objective of this thesis is the study of autonomous weapons systems from the perspective of their suitability and conformity to the rules of International Law (including the lex specialis doctrine of International Humanitarian Law). Similarly, the review process of autonomous weapons will be analysed, focusing the research on the autonomous behaviour and, likewise, on possible changes in the inherent characteristics of the system. The analysis will also require a detailed scrutiny of the responsibilities attributed to the stakeholders involved in the use and deployment of these autonomous weapons (i.e. government bodies, commanders, manufacturers, developers, operators). This will require a focus on the level of responsibility of these actors and the establishment of possible technical and organisational options along the chain of command. Furthermore, this investigation should not overlook the possibility of delegating decisions of a lethal nature, as well as the feasibility of granting legal personality to autonomous systems. Once the modes of liability have been analysed, this study will make different proposals in order to avoid regulatory gaps and impunity when deploying these novel emerging and disruptive technologies.