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Dr Berenice Boutin is a senior researcher in international law at the Asser Institute. Her work focuses on international responsibility, security, and new technologies.
Berenice is project leader of the research project Designing International Law and Ethics into Military Artificial Intelligence (DILEMA), funded by NWO–MVI Programme on Responsible Innovation (2020–2024). This project explores interdisciplinary perspectives on military AI, with a focus on legal, ethical, and technical perspectives on safeguarding human agency over military AI. It analyses in particular subtle ways in which AI can affect or reduce human agency, and seeks to ensure compliance and accountability by design. It investigates why is it essential to safeguard human agency over certain functions and activities, where it is most critical to maintain the role of human agents, and how to technically ensure that military technologies are designed and deployed in line with ethical and legal frameworks. For more information, see the project’s website.
She is the coordinator of the Winter Academy on Artificial Intelligence and International Law, a training programme of the Asser Institute. Berenice is member of the Editorial Board of OXIO, and Associate Fellow with the SHARES Project.
Berenice previously received funding from Gerda Henkel Stiftung for a research project on the Conceptual and Policy Implications of Increasingly Autonomous Military Technologies for State Responsibility Under International Law (2018-2019). She has been Managing Editor of the Netherlands Yearbook of International Law (2016–2019), and Research Fellow at the International Centre for Counter-Terrorism (ICCT) (2015–2018).
She has presented her work at various international venues including the Lauterpacht Centre for International Law (Cambridge), the United Nations Headquarters (New York), the Commission Nationale Consultative des Droits de l’Homme (Paris), the Swedish Defence University (Stockholm), the OSCE Office for Democratic Institutions and Human Rights (Warsaw), the International Institute for Justice and the Rule of Law (Malta).
Berenice completed her PhD at the University of Amsterdam (2015) on the topic of Allocation of International Responsibility in Collaborative Military Operations, under the supervision of Professor André Nollkaemper, as part of the SHARES Project on Shared Responsibility in International Law.
- Guiding Principles on Shared Responsibility in International Law (co-authored with André Nollkaemper, Jean d’Aspremont, Christiane Ahlborn, Nataša Nedeski, and Ilias Plakokefalos), 31(1) European Journal of International Law, pp 15–72 (2020)
- The Continuing Saga of State Responsibility for the Conduct of Peacekeeping Forces: Recent Practice of Dutch and Belgian Courts (co-authored with Nataša Nedeski), 50 Netherlands Yearbook of International Law (forthcoming), available at SSRN (2020)
- State Responsibility in Relation to Military AI Technologies: Mapping the Issues, Background Paper (2020)
- Shared Responsibility for Cyber Operations, 113 AJIL Unbound, pp 197–201 (2019)
- Technologies for International Law & International Law for Technologies, Blog of the Groningen Journal of International Law (2018)
- Artificial Intelligence and International Law: Exploring Issues of Responsibility and Regulation (co-authored with Haye Hazenberg and Jeroen van den Hoven), position paper, TU Delft Pilot Program on Responsible Innovation for the Sustainable Development Goals, Project 12 (2018)
- Responsibility in Connection with the Conduct of Military Partners, 56 Military Law and the Law of War Review, pp 57–86 (2018)
- Attribution of Conduct in International Military Operations: A Causal Analysis of Effective Control, 18(2) Melbourne Journal of International Law, pp 154–179 (2017)
- Administrative Measures in Counter-Terrorism and the Protection of Human Rights, 27(1–2) Security and Human Rights (2016), pp 128–147
- Towards a European Position on the Use of Armed Drones? A Human Rights Approach (co-authored with Christophe Paulussen and Jessica Dorsey), ICCT Report (2016)
- The Role of Control in Allocating International Responsibility in Collaborative Military Operations, Doctoral thesis, University of Amsterdam (2015)
- Case note, The Netherlands v Nuhanovic, Dutch Supreme Court, 6 September 2013, Oxford Reports on International Law, ILDC 2061 (NL 2013)
- Responsibility of the Netherlands for the Acts of Dutchbat in Nuhanovic and Mustafic: The Continuous Quest for a Tangible Meaning for “Effective Control” in the Context of Peacekeeping, 25(2) Leiden Journal of International Law (2012), pp 521–535
- Responsibility in Multinational Military Operations: A Review of Recent Practice, SHARES Expert Seminar Report (2011)