Abstract
This article explores the application of Article 2(4) of the United Nations Charter to AI-enabled systems that carry out unintended engagements involving the use of force. First, it analyzes whether State responsibility for a breach of the prohibition on the use of force is defined in subjective or objective terms. Most commentators maintain that a State must intend to use force against the victim State in order for the prohibition to apply. However, through an examination of State practice, this article demonstrates that the prohibition is based on objective responsibility. Second, this article assesses whether a State must cause the resulting use of force in order for responsibility to ensue. After determining that causation is a condition precedent for establishing a breach of the prohibition on the use of force, this article explains that causation comprises two elements: factual causation asks whether the harmful effects would have occurred but for the impugned conduct, while legal causation asks whether the use of force was reasonably expected when the operation was launched. This article then examines how these elements apply to AI-enabled systems that engage in unintended uses of force and offers illustrative examples.
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