There are not two sides, because both management and engineering should face consequences for building harmful software. And I'm not sure it's appropriate to test these "what ifs" as if looking for logical flaws in such a system, because a well-functioning court and jury should easily be able answer these questions, and I'm sure you had the "correct" answers in mind when you wrote them. Whether or not our courts and juries are currently well-functioning enough to support something like this is a different question, but we should strive for it.
In any case, we already have laws like this! And they're not controversial! If you commit war crimes by killing people with a shovel under the orders of your superiors, both you and your superiors are responsible, but the manufacturer of the shovel obviously isn't responsible for what you did unless they advertised the shovel's skull-bashing capabilities.
In any case, we already have laws like this! And they're not controversial! If you commit war crimes by killing people with a shovel under the orders of your superiors, both you and your superiors are responsible, but the manufacturer of the shovel obviously isn't responsible for what you did unless they advertised the shovel's skull-bashing capabilities.