Journal article
Exploring manufacturer strict liability as regulation for autonomous military systems
Torts Law Journal , Vol.27(1), pp.182-209
2022
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Abstract
Over the past 20 years, the world’s militaries have begun investing significant resources into the development of autonomous military systems (‘AMS’). Yet the world has not fully resolved the potential ramifications of deploying AMS. Much of the scholarship in this area has focused upon the theorised compliance of AMS with international humanitarian law rather than on domestic regimes for regulation. Moreover, very little has been said on the potential liability of military forces using AMS in a manner that is negligent, as opposed to criminal. This is especially the case in Australia, which lacks a robust history of litigating the Australian Defence Force (‘ADF’). Our article takes up the challenge of engaging with manufacturer liability for AMS in Australia. To do so, two military liability regimes are examined — the US and the UK — to propose the hypothesis that the ‘strict liability’ approach of manufacturer liability is the most appropriate scheme of regulation of AMS available in Australia.
Details
- Title
- Exploring manufacturer strict liability as regulation for autonomous military systems
- Creators
- Brendan Walker-Munro
- Publication Details
- Torts Law Journal , Vol.27(1), pp.182-209
- Publisher
- LexisNexis Butterworths
- Identifiers
- 991013167312602368
- Academic Unit
- Faculty of Business, Law and Arts
- Language
- English
- Resource Type
- Journal article