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164 U. Pa. L. Rev. 1347 (2015-2016)
War Torts: Accountability for Autonomous Weapons

handle is hein.journals/pnlr164 and id is 1375 raw text is: 







      UNIVERSITY of PENNSYLVANIA

                        LAW REVIEW

                               Founded   1852

                                 Formerly
                     AMERICAN LAW REGISTER


                     © 2016 University of Pennsylvania Law Review


VOL.  164                        MAY  2016                            NO.  6



                               ARTICLE


                               WAR  TORTS:

      ACCOUNTABILITY FOR AUTONOMOUS WEAPONS

                           REBECCA CROOTOFt


    Unlike conventional weapons or remotely operated drones, autonomous weapon
systems can independently select and engage targets. As a result, they may take actions
that look like war crimes-the sinking of a cruise ship, the destruction of a village,
the downing  of a passenger jet-without any individual acting intentionally or
recklessly. Absent such willful action, no one can be held criminally liable under
existing international law.



    t Ph.D. Candidate in Law, Yale Graduate School of Arts and Sciences; Resident Fellow, Yale
Information Society Project (ISP). Thanks are due to BJ Ard, Jack Balkin, Molly Brady, Kristen
Eichensehr, David Grewal, Monica Hakimi, Oona Hathaway, Doug Kysar, Ryan Mitchell, Portia
Pedro, Paul Scharre, Amanda Shanor, Scott Shapiro, Shelly Welton, and John Witt for their insights
and contributions. Thanks particularly to Alex Bedrosyan and Jen Daskal for numerous substantive
and structural suggestions. This Article also benefited from feedback during presentations at the Yale
ISP, the American Society of International Law (ASIL) Midyear Research Forum, and the ASIL
International Law in Domestic Courts Working Group.


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