Document Type : Research Paper
Authors
1 Assistant Professor of Public International Law, Department of Law, Faculty of Humanities and Social Siences, University of Kurdistan, Sansndsj, Iran.
2 M.A Student, Faculty of Humanity and Social Sciences, University of Kurdistan, Sanandaj, Iran.
Abstract
This article focuses on how international criminal law responds to the challenges of the use of AI-based weapon systems and the criminal liability of individuals involved in committing international crimes involving these weapons. For this purpose, adopting an analytical-descriptive approach, the study addresses whether the existing framework of international criminal law can adequately meet the challenges arising from crimes committed by autonomous weapons. Considering that various actors are involved in their production, designing, programming, training and deploying, the more important question is that who bears responsibility for international crimes involving military AI?
The author argues that while attributing direct criminal liability to a specific individual in this context is complex, an interpretive expansion of Articles 25 and 28 of the Rome Statute—coupled with the theory of hierarchical responsibility—can establish liability for individuals or groups of individuals who play a decisive role in designing, developing, deploying, or commanding such systems. Thus, all human actors who are at a particular point in the chain of supervision or command and who exercise control over others, may be held responsible.
Keywords: Artificial intelligence, Autonomous Weapons, Criminal Liability, International Crimes, Armed Conflicts.
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