Sistemas de armas autônomas letais: responsabilidade dos Estados nos conflitos contemporâneos

Abstract

This dissertation addresses the intricate legal, ethical, and technological challenges posed by Lethal Autonomous Weapon Systems (LAWS), focusing on the crucial issue of international State responsibility in the face of potential violations of International Humanitarian Law (IHL). Through exploratory and analytical research, the study traces the history and development of LAWS, from their early prototypes to contemporary autonomous capabilities, highlighting the inherent complexity and unpredictability of these systems, as well as the absence of a consensual definition that hinders their regulation. It analyzes current debates on the ethical implications of delegating lethal decisions to machines, in light of the Martens Clause and moral repugnance, and international regulatory challenges, including political dissent and the difficulty of ensuring meaningful human control. The work delves into the "responsibility gap" emerging from LAWS's autonomy, questioning the adequacy of traditional individual and state accountability regimes. It concludes that, despite the growing recognition of State responsibility for internationally wrongful acts involving LAWS, the current legal framework is insufficient to fully address the unique aspects of these technologies. The dissertation advocates for the urgent need for a specific legal regime or an expansion of the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA), aiming to consolidate international norms that prevent impunity, thus guaranteeing the protection of human life and dignity in future conflict scenarios.