State Responsibility in Relation to Military Applications of Artificial Intelligence

T.M.C. Asser Institute for International & European Law, Asser Research 09, 2022

Forthcoming in: Leiden Journal of International Law, Cambridge University Press (2022), Forthcoming

30 Pages Posted: 12 Sep 2022

Date Written: August 31, 2022

Abstract

This article explores the conditions and modalities under which a state can incur responsibility in relation to violations of international law involving military applications of artificial intelligence (AI) technologies. While the question of how to attribute and allocate responsibility for wrongful conduct is one of the central contemporary challenges of AI, the perspective of state responsibility under international law remains relatively underexplored. Moreover, most scholarly and policy debates have focused on questions raised by autonomous weapons systems (AWS), without paying significant attention to issues raised by other potential applications of AI in the military domain. This article provides a comprehensive analysis of state responsibility in relation to military AI. It discusses state responsibility for the wrongful use of AI-enabled military technologies and the question of attribution of conduct, as well as state responsibility prior to deployment, for failure to ensure compliance of AI systems with international law at the stages of development or acquisition. Further, it analyses derived state responsibility, which may arise in relation to the conduct of other states or private actors.

Keywords: state responsibility, artificial intelligence, autonomous weapons systems, attribution of conduct, duty to ensure respect

JEL Classification: K33

Suggested Citation

Boutin, Berenice, State Responsibility in Relation to Military Applications of Artificial Intelligence (August 31, 2022). T.M.C. Asser Institute for International & European Law, Asser Research 09, 2022, Forthcoming in: Leiden Journal of International Law, Cambridge University Press (2022), Forthcoming, Available at SSRN: https://ssrn.com/abstract=4214292

Berenice Boutin (Contact Author)

T.M.C. Asser Instituut ( email )

P.O. Box 30461
2500 GL The Hague, 2517JN
Netherlands

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