Can Autonomous Weapon Systems be Seized? Interactions with the Law of Prize and War Booty

Abstract

Abstract The military has often been used as a proving ground for advances in technology. With the advent of machine learning, algorithms and artificial intelligence, there has been a slew of scholarship around the legal and ethical challenges of applying those technologies to the military. Nowhere has the debate been fiercer than in examining whether international law is resilient enough to impose individual and State responsibility for the misuse of these autonomous weapon systems (AWSs). However, by introducing increasing levels of electronic and digital components into weapon systems, States are also introducing opportunities for adversaries to hack, suborn or take over AWSs in a manner unthinkable compared to conventional weaponry. Yet, no academic discussion has considered how the law of prize and war booty might apply to AWSs that are captured in such a way. This article seeks to address this gap.