Human Dignity, Moral Damage, and Killings by Autonomous Weapons Systems

The present article aims to discuss if the fact that Lethal Autonomous Weapons Systems (LAWS) killed or injured a person generates moral damage, and if there is a presumption of moral damage, being unnecessary for the plaintiff to prove the moral suffering to be entitled to reparation from the State. First, the article defines LAWS and provides a brief perspective on moral damage in international law based on the International Law Commission´s Draft Articles on State Responsibility and scholarship. Next, it discusses if LAWS killings or injuries violate the principle of human dignity. Then it highlights international case-law from the international human rights courts on moral damage in re ipsa. The article concludes that LAWS's killings or injuries generate a relative presumption of moral damage.