El uso de las armas autónomas: ¿una zona de impunidad penal?

Abstract

The development of lethal autonomous weapons represents one of the greatest challenges currently facing both the military and legal spheres. These systems, capable of selecting and attacking targets without meaningful human control, are transforming the nature of armed conflict by introducing a new technological dimension into decision-making. Unlike conventional weapons, whose performance ultimately depends on human oversight, autonomous weapons grant artificial intelligence and learning algorithms the capacity to make rapid decisions and to modify their behaviour in ways that may be unpredictable to programmers or operators.

Their use raises significant questions under international humanitarian law, particularly with regard to the principles of distinction and proportionality, which aim to limit the effects of war and to protect the civilian population. Likewise, from the perspective of criminal law, difficulties arise in attributing criminal responsibility for war crimes or violations of international norms when operations are adopted and carried out by autonomous systems rather than directly identifiable individuals. This phenomenon calls into question the foundations of liberal criminal law, which is premised on the attribution of criminal responsibility to natural persons, and makes it necessary to reconsider existing legal frameworks in order to prevent impunity.