Abstract
Autonomous Weapons Systems and the Rights of Victims: Compensation Claims under Norwegian Law for Violations Committed through the Use of Autonomous Weapons
Highlights
The prospects of a future where autonomous weapons systems (AWS) play a role on the battlefield have spawned much debate in recent years
This article has attempted to identify and examine in what way the accountability concerns identified in section 3 apply in the context of compensation claims under domestic Norwegian law
The use of AWS has the potential to influence the fulfilment of rights of victims of violations of human rights and humanitarian law
Summary
The prospects of a future where autonomous weapons systems (AWS) play a role on the battlefield have spawned much debate in recent years. Existing literature has examined the topic of civil liability often as an alternative to individual criminal liability, and not as a means of implementing the right of victims to reparation for harm suffered.[8] In many cases, the discussion is opened and closed with a recap of US tort law.[9] This article seeks to disconnect the subject from notions of sub-optimal forms of criminal liability and instead to situate it as a right to substantive remedies for victims under international IHRL and IHL This is in line with the general view that obligations of States to bring perpetrators of serious international crimes to justice and to provide compensation to victims are complementary and cannot be substituted for one another.[10]. Any claim for compensation under Norwegian law must satisfy three basic requirements: There must be a damage to a protected interest, a ground for holding the perpetrator liable (culpa or strict liability), and a causal relationship between the former two conditions that is not too remote.[11]
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