211 © Springer Nature Switzerland AG 2019
E. Carpanelli, N. Lazzerini (eds.), Use and Misuse of New Technologies,
https://doi.org/10.1007/978-3-030-05648-3_11
Who Is to Blame for Autonomous Weapons
Systems’ Misdoings?
Daniele Amoroso and Benedetta Giordano
Abstract This Chapter analyses who (or what legal entity) should be held respon-
sible for behaviours by Autonomous Weapons Systems (AWS) that, were they
enacted by a human agent, would qualify as internationally wrongful acts. After
illustrating the structural problems which make ascription of responsibility for
AWS’ activities particularly diffcult, when not impossible, the alternative routes
proposed to solve the ensuing responsibility gap will be assessed. The analysis will
focus, in the frst place, on the international criminal responsibility of the individu-
als who, in one way or another, are involved in the process of production, deploy-
ment and activation of the AWS. The possibility to hold the deploying State
accountable for AWS’ wrongdoings will then be gauged. Subsequently, attention
will be paid to the responsibility of the corporations manufacturing and/or program-
ming the AWS. It will be observed that these options may solve some responsibility
problems more effectively than critics of AWS are ready to admit. At the same time,
it will be shown that, unless a no-fault liability regime is adopted, autonomy in
weapons systems is bound to magnify the risk that no one may be held to answer for
acts which are objectively in contrast with international legal prescriptions. Also, it
will be argued that, given the complementary relationship among the various forms
of responsibility under international law, proposals aimed at focusing solely on one
of these at the expense of others are incapable of leading to satisfying results.
Paper submitted on 23 February 2018. Although the Authors equally share the responsibility for
the entire work, just for evaluation purposes, Sects. 2, 3, 4 and 6 should be attributed to Daniele
Amoroso, while the remaining sections should be attributed to Benedetta Giordano.
D. Amoroso (*)
University of Cagliari, Cagliari, Italy
B. Giordano
Juvenile Court of Salerno, Salerno, Italy