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Legal evaluation of the attacks caused by artificial intelligence-based lethal weapon systems within the context of Rome statute
ارزیابی حقوقی حملات ناشی از سیستم های سلاح کشنده مبتنی بر هوش مصنوعی در چارچوب قانون رم-2020 Artificial intelligence (AI) as of the level of development reached today has become a scientific reality that is subject to study in the fields of law, political science, and other social
sciences besides computer and software engineering. AI systems which perform relatively
simple tasks in the early stages of the development period are expected to become fully
or largely autonomous in the near future. Thanks to this, AI which includes the concepts of
machine learning, deep learning, and autonomy, has begun to play an important role in producing and using smart arms. However, questions about AI-Based Lethal Weapon Systems
(AILWS) and attacks that can be carried out by such systems have not been fully answered
under legal aspect. More particularly, it is a controversial issue who will be responsible for
the actions that an AILWS has committed. In this article, we discussed whether AILWS can
commit offense in the context of the Rome Statute, examined the applicable law regarding
the responsibility of AILWS, and tried to assess whether these systems can be held responsible in the context of international law, crime of aggression, and individual responsibility.
It is our finding that international legal rules including the Rome Statute can be applied
regarding the responsibility for the act/crime of aggression caused by AILWS. However, no
matter how advanced the cognitive capacity of an AI software, it will not be possible to resort to the personal responsibility of this kind of system since it has no legal personality
at all. In such a case, responsibility will remain with the actors who design, produce, and
use the system. Last but not least, since no AILWS software does have specific codes of conduct that can make legal and ethical reasonings for today, at the end of the study it was
recommended that states and non-governmental organizations together with manifacturers should constitute the necessary ethical rules written in software programs to prevent
these systems from unlawful acts and to develop mechanisms that would restrain AI from
working outside human control. Keywords: AI | Autonomy | Crime of aggression | Rome statute | IP law | IT law | International law |
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