Requirement of mens rea forwar crimes in the light of the development of autonomousweapons systems

Abstract

The development of practically any new technology involves pressures on the legal framework that generally show the difficulties the law suffers in order to advance at the same pace. In some cases, these pressures acquire significant relevance, probably not because of their visibility, but because of the consequences that poor regulation could generate. This article analyses, from the perspective of the International Criminal Court, the supposed problem that the introduction of autonomous weapons systems to the battlefield would entail, particularly regarding the mens rea requirement for war crimes.