International Humanitarian Law Series72-A Functional Approac ...

Damian Copeland

• 24 oktober 2024
• 9789004707030

Samenvatting:

This book analysis the Article 36 legal review obligation in the context of Autonomous Weapon Systems (AWS). It argues that traditional approach to legal review is insufficient to determine the legality of AWS. It proposes a functional approach to the legal review.



Autonomous Weapon Systems (AWS) are no longer limited to science fiction. Conflicts in the Ukraine and Gaza demonstrate an increased trend toward the use of autonomy in the use of force in armed conflict. This book analyses the art 36 legal review obligation and assesses how states can determine the legality of AWS. It proposes a new ‘functional’ approach to legal review that considers both weapons law and targeting rules engaged by the autonomous functionality.