Autonomous Weapon Systems and the Threshold of Non-International Armed Conflict

Sasha Radin & Jason Coats, Autonomous Weapon Systems and the Threshold of Non-international Armed Conflict, 30 Temple Int'l & Comp. L.J. 133 (2016)

18 Pages Posted: 19 Dec 2016 Last revised: 11 Jan 2017

See all articles by Sasha Radin

Sasha Radin

Stockton Center for the Study of International Law, U.S. Naval War College

Jason Coats

U.S. Army Judge Advocate General's Corps

Date Written: June 1, 2016

Abstract

The ongoing international humanitarian law (IHL) discussion predominantly centers on whether States’ development and employment of AWS can comply with certain fundamental obligations contained in this body of law. Many of the legal challenges discussed will arise irrespective of whether they are used by armed groups or States. Specific concerns pertaining to armed groups, however, may be raised in determining whether hostilities between a State and an armed group, or between two or more such groups, reaches the threshold of a non-international armed conflict, thus triggering the applicable body of IHL. This article examines whether reliance on AWS by armed groups could have legal consequences for when the threshold of a non-international armed conflict is crossed.

Keywords: AWS, autonomous weapon systems, armed groups, terrorists, technology, organization, LOAC, IHL, law of armed conflict, conflict classification

Suggested Citation

Radin, Sasha and Coats, Jason, Autonomous Weapon Systems and the Threshold of Non-International Armed Conflict (June 1, 2016). Sasha Radin & Jason Coats, Autonomous Weapon Systems and the Threshold of Non-international Armed Conflict, 30 Temple Int'l & Comp. L.J. 133 (2016). Available at SSRN: https://ssrn.com/abstract=2887130

Sasha Radin (Contact Author)

Stockton Center for the Study of International Law, U.S. Naval War College

Jason Coats

U.S. Army Judge Advocate General's Corps ( email )

United States

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