Navigating to autonomy: legal questions in the use of autonomous aerial vehicles by the Australian military
Author: Eve MassinghamPublished: 01/07/2021Category: External resourcesLast updated: 27/08/2022
This paper seeks to provide an answer to the question: what legal considerations might arise in Australia from the use of autonomous aircraft by the military? Of particular relevance for autonomous military aerial vehicles are the Defence Aviation Safety Regulations (DASR) and Division 268 of the Criminal Code Act 1995 (Cth) (Code) concerning international crimes occurring in times of armed conflict. This paper looks in more detail at the DASR and the Code, before turning to flag a range of civilian-focused legal frameworks (including workplace health and safety and privacy laws) which, insofar as they do apply to Defence, require consideration to ensure that the use of autonomous military aerial vehicles would not result in a violation of Australia law. The paper ultimately argues that, in the design and deployment of any new means or methods of warfare or, indeed, in any aerial craft that the ADF seeks to deploy into the future, it is imperative that these legal considerations be taken into account to ensure that the interplay between law and technology can best enhance ADF capabilities going forward.
Document Summary
Massingham, E. (2021). Navigating to autonomy: legal questions in the use of autonomous aerial vehicles by the Australian military. Australian Journal of Defence and Strategic Studies, 3(1), 3-25. https://defence.gov.au/adc/Publications/AJDSS/volume3-number1/navigating-to-autonomy.asp