ABSTRACT
Much of the scholarship surrounding the use of autonomous military systems (AMS) has examined their compliance with international law, as well as individual and State responsibility for the misuse of such systems. Weaponised AMS, or autonomous weapon systems, have been a particular focal point of this scholarship. However, very little attention has been devoted to remedies available for tortious conduct such as negligence, whether against governments or individuals for wrongs committed during military activities. Identification of the boundaries of negligent military conduct is important for both the Australian Defence Force (ADF) in educating its members on their lawful obligations, but also for the Commonwealth in seeking to appropriately limit such liability. Should operators of AMS be held liable for negligence? Should the Commonwealth of Australia be vicariously liable under domestic law for the conduct of its Defence members overseas? I seek to answer some of these questions by positing that a duty of care binds Australian troops both domestically and overseas when not engaged in actual attacks against the enemy.
Walker-Munro, Brendan, Do Androids Dream of a Duty of Care: Arguing for Civil Liability for Autonomous Military Systems in Australia, (2022) 49(2) University of Western Australia Law Review 239.
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