Due Regard In The Age Of Autonomy: Rethinking Mens Rea For AI-Generated Space Debris
- IJLLR Journal
- May 8
- 2 min read
Harmansha Sokhi, LL.M. Candidate, School of Law, Gautam Buddha University, Greater Noida, Uttar Pradesh, India
I. ABSTRACT
With the militarization and commercialization of outer space, the proliferation of autonomous and AI-powered systems with minimal human intervention in real-time has become more widespread. The internal logic that drives these systems may not always be entirely clear, even for their designers. The creation of orbital debris by autonomous space systems in consequence of faulty algorithmic decision-making, or by omission of due- regard requirements by individuals in the design phase, poses a serious legal question – does such an action fulfil the requirement of mens rea in order to make someone criminally liable? This article investigates this question with regard to both Indian and international criminal law.
The article uses the notion of "algorithmic debris" to refer to any predictable harms resulting from autonomous decision-making in outer space. First, it discusses the due regard requirement found in Article IX of the Outer Space Treaty as a starting point for a normative basis for the duty of due algorithmic care. The article then attempts to map such duty on the BNS framework for mens rea concerning intention, knowledge, rashness, and negligence, including criminal negligence under Section 106 of the document. At the same time, the article analyses Article 30 of the Rome Statute as well as some relevant international humanitarian law provisions about damage to the environment to determine whether actions creating debris in times of war can constitute war crimes.
The major argument is that AI does not take away mens rea but shifts it from the accused to the designer, programmer, and operator of the autonomous system. Where there is a known risk of space debris, it will be an act of criminal negligence if due regard clauses are not included in the BNS and meet the threshold provided for by Rome Statute Article 30.
II. Keywords: Algorithmic Debris, Mens Rea, Outer Space Treaty, Bharatiya Nyaya Sanhita, Autonomous Systems.
