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The Accountability of Software Developers for War Crimes Involving Autonomous Weapons: The Role of the Joint Criminal Enterprise Doctrine

Lookup NU author(s): Dr Elliot WinterORCiD

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This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License (CC BY-NC-ND).

Abstract

This article considers the extent to which the joint criminal enterprise doctrine could be invoked to hold software developers criminally accountable for violations of international humanitarian law involving autonomous weapons. More specifically, it considers whether the third part of the concept – which concerns common criminal purposes – might be brought to bear to achieve this end. The doctrine is deconstructed into five components and each component is analysed both in abstract and in terms of practical application. The article establishes that, in certain contexts, software developers can and should be held accountable through this mechanism. Thus, it demonstrates that it is possible to avoid the emergence of a ‘responsibility gap’ if, or more likely when, autonomous weapons with offensive capabilities are finally deployed on the battlefield.

Publication metadata

Author(s): Winter E

Publication type: Article

Publication status: Published

Journal: University of Pittsburgh Law Review

Year: 2021

Volume: 83

Issue: 1

Pages: 51-86

Print publication date: 06/10/2021

Online publication date: 06/10/2021

Acceptance date: 25/03/2021

Date deposited: 16/12/2021

ISSN (print): 0041-9915

ISSN (electronic): 1942-8405

Publisher: University of Pittsburgh

URL: https://doi.org/10.5195/lawreview.2021.822

DOI: 10.5195/lawreview.2021.822

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