Accountability for War Algorithms

Event time: 

Tuesday, January 17, 2017 - 12:00pm

Location: 

Yale Law School
127 Wall street
New Haven, CT 06511

Abstract:

In key respects, power and authority are increasingly expressed algorithmically. War is no exception. Militaries, for instance, are actively incorporating more and more forms of technical autonomy into weapons, logistics, and other systems. In a recent paper, my co-authors and I put forward the concept of “war algorithms.” We define a war algorithm as any algorithm that is expressed in computer code, that is effectuated through a constructed system, and that is capable of operating in relation to armed conflict. Through the war-algorithm lens, we attempt to link international law and related accountability architectures to relevant technologies. We sketch a three-part accountability approach: state responsibility under international law, individual responsibility for international crimes, and a broader notion of “scrutiny governance.” While not exhaustive, the framework highlights traditional (think war reparations and war-crimes prosecutions) and unconventional (think normative design of technical architectures and self-regulation among technologists) accountability avenues.

Bio:

Dustin A. Lewis is a Senior Researcher at the Harvard Law School Program on International Law and Armed Conflict (PILAC). With a focus on public international law sources and methodologies, Mr. Lewis leads PILAC research projects on the theoretical underpinnings and application of international norms related to contemporary challenges concerning armed conflict. He explores legal—as well as policy, technical, and ethical—dimensions of such topics as war algorithms; wartime medical care for terrorists; extraterritorial use of lethal force; the goals of war and the end of war; and dilemmas at the intersection of counterterrorism frameworks and principled humanitarian action. Mr. Lewis oversees the Program’s publications, research assistants, and online platforms. And he regularly briefs government officials, United Nations system actors, members of the media, and NGOs.

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