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Who is Liable When an Autonomous Military Drone Causes Unintended Harms?

Author: Brendan Walker-MunroPublished: 19/07/2022Last updated: 27/08/2022

Who is responsible for the harms to property and people if a defence drone accidentally crashes into a home harming several people while delivering medical supplies on a humanitarian assistance mission in the region after a cyclone? What should the ADF know about domestic and international law ahead of procuring drones like these from manufacturers? What questions should they ask and what kinds of precautions should they take before deploying assets operationally? The manufacturers of drones will continue to attract liability where it is produced negligently or contains safety defects, irrespective of whether the manufacturer is ordinarily registered in Australia, or that the products are purely military in nature. ADF personnel in charge of procuring or deploying drones need to be aware of the legal frameworks that govern their use and potential liabilities when incidents occur.

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Who is liable when an autonomous military drone causes unintended harms?

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