Abstract:
This thesis examines the profound legal and ethical implications of deploying Autonomous Weapon Systems (AWS) within the frameworks of International Humanitarian Law (IHL), International Human Rights Law (IHRL), and International Criminal Law (ICL). It identifies a significant accountability gap emerging from the substitution of human decision-making with machine autonomy in AWS, thereby challenging the established principles of responsibility within these legal regimes. The research questions focus on reconciling AWS development and deployment with the imperatives of human control, legal accountability, and moral responsibility, alongside exploring the regulation of AWS under IHL and IHRL, the criteria for attributing penal responsibility under ICL, and the integration of Meaningful Human Control (MHC) to bridge this accountability gap. Utilizing a doctrinal research methodology, this study scrutinizes key treaties, customary laws, judicial decisions, and scholarly literature to assess the adequacy of current legal norms in addressing the unique challenges posed by AWS. The findings reveal that AWS complicate the application of IHL principles of distinction, proportionality, and military necessity, while also raising concerns regarding the arbitrary deprivation of life under IHRL and disrupting traditional frameworks of criminal responsibility under ICL. The thesis advocates for the integration of MHC as a customary law to ensure robust human oversight and intervention in critical decision-making processes, thus preserving adherence to legal and ethical standards. By emphasizing the need for normative guidelines that sustain human agency and responsibility, the study underscores the necessity for states to adapt international legal frameworks to address the accountability challenges posed by AWS. Ultimately, the research promotes the incorporation of MHC to uphold the principles of human control, legal accountability, and moral responsibility, ensuring that the deployment of AWS aligns with fundamental international norms and values.
