strict liability in law of armed conflict

Military accountability is the foundation of military duty and includes the legal obligation to comply with the law of armed conflict or international humanitarian law. This accountability inures to the force structure, weapon systems and tactics used in war, including the use of AI weapon systems. The commander’s military accountability pervades the battlefield. This study suggests that there is no gap because the military commander is always directly and individually accountable for the employment of all methods and means of warfare.

The potential for AI to help close the “kill chain” has raised concern that this creates a gap in accountability between the decisions of humans and the acts of machines, with humans no longer accountable for decisions made during armed conflict.

The use of artificial intelligence (AI) in weapon systems enhances the ability of operational forces to fuse multispectral sensors to understand the warfighting environment, positively identify, track, and select targets, and engage them with the most appropriate effects.

Strict liability in law of armed conflict