State responsibility for AI mistakes in the resort to force

Abstract In a resort-to-force setting, what standard of care must a state follow when using AI to avoid international responsibility for a wrongful act? This article develops three scenarios based around a state-owned autonomous system that erroneously resorts to force (the Flawed AI System, the Poisoned AI System, and the Competitive AI System). It reveals that although we know what the substantive jus ad bellum and international humanitarian law rules are, international law says very little about the standards of care to which a state must adhere to meet its substantive obligations under those bodies of law. The article argues that the baseline standard of care under the jus ad bellum today requires a state to act in good faith and in an objectively reasonable way, and it describes measures states should consider taking to meet that standard when deploying AI or autonomy in their resort-to-force systems. It concludes by explaining how clarifying this standard of care will benefit states by reducing the chance of unintended conflicts.