Özet:

Autonomous weapon systems can select and engage targets without meaningful human intervention. In light of developments in artificial intelligence and machine learning technology, autonomous weapon systems are likely to become a central feature of today's armed conflicts. Who is responsible when autonomous weapons systems commit a war crime is still being debated. In this article, to whom responsibility should be attributed will be examined in the context of command responsibility. Autonomous weapon systems destroy the chain of command in line with their ability to make decisions on their own. While the commander is expected to discipline his troops, to what extent will it be possible for autonomous systems consisting of algorithms. Military discipline systems prescribe punitive measures to ensure that the rules are followed. But artificial intelligence cannot be punished therefore it will not be able to respond to disciplinary actions. There are two main research questions that will be examined in this article. Because of systems that can make their own decisions through autonomy and artificial intelligence, when can a reasonable commander knew or should have known that an autonomous weapon system is about to commit a crime? What necessary and reasonable measures should commanders take to carry out their preventive duties? The concept of command responsibility regulates the relationship between human commanders and their subordinates. In the Rome statute, the commander is the person who exercises authority over military activities, but the commanders and subordinates are always considered human beings therefore the concept of command responsibility should be interpreted in light of the new developments in military technology.

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