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Abstract

Lethal Autonomous Weapons Systems (LAWS) represent a profound shift in the nature of warfare, where machines, not humans, make life-or-death decisions on the battlefield. While these weapons offer strategic advantages, such as reducing human casualties and increasing operational efficiency, they also introduce significant legal, ethical, and accountability challenges. This Article explores the complexities surrounding the proliferation and use of LAWS, arguing that a total ban is unlikely due to the widespread accessibility and benefits these technologies offer to those who deploy them. Rather, this Article proposes the application of strict liability—traditionally a tort law concept—to the developers of LAWS as a means of promoting responsible development and ensuring accountability in the event a LAWS commits a war crime. By adapting this legal doctrine to the international criminal law context, the Article provides a pathway for holding those who design and deploy LAWS accountable for war crimes, thus bridging the gap between rapid technological advancement and the current limitations of international humanitarian law. The Article underscores the necessity of creative legal thinking to address the urgent and evolving challenges posed by autonomously lethal warfare technologies. (Abstract from author.)

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