International responsibilities arising from the use of artificial intelligence in armed warfare
DOI:
https://doi.org/10.65263/e65svw20Keywords:
)Artificial Intelligence, International Humanitarian Law, International Criminal Responsibility, Armed Conflicts, International Crimes, Autonomous Weapon Systems, Legal Accountability, International Justice, Technological Development.(Abstract
This research explores the intricate relationship between artificial intelligence technologies and international humanitarian law, with a particular focus on international criminal responsibility arising from their use in armed conflicts. In the context of rapid digital transformation, AI systems have become integral to military operations, raising profound legal and ethical challenges regarding their compatibility with core principles of international law, such as distinction, proportionality, and accountability. The study addresses the central issue of the absence of a clear legal framework that defines criminal responsibility for crimes committed by intelligent systems without direct human intervention—an ambiguity that threatens the effectiveness of international justice and weakens the capacity of courts to enforce accountability.
Through critical analysis of traditional legal concepts, the research reexamines them in light of technological developments, highlighting the difficulties faced by international criminal tribunals in establishing intent, knowledge, and control in non-human contexts. It also underscores the broader implications of such responsibility, including its impact on legal deterrence, the redefinition of agency and sovereignty in international law, and the ethical reconsideration of justice in the digital age. The study proposes a theoretical framework for expanding accountability to include designers, operators, and developers, ensuring that human oversight remains central to decision-making and that technology does not become a shield against prosecution.
References
First - Books:
1. Abu Bakr Khawalid, Noura Thalajiya, Theorizing in International Relations: Between Interpretive Trends and Formative Theories, Dar Al-Khalduniya, Algeria, 2007.
2. Ahmed Mohamed Bona, Modern University Office, Cairo, 2010.
3. Zaki Al-Buhairi, The Darfur Problem - The Historical Roots of Social and Legal Dimensions and Political Developments, Dar Al-Fikr Al-Jami'i, Cairo, 2016.
4. Sawsan Bakka, Crimes Against Humanity in Light of the Provisions of the Statute of the International Criminal Court, Al-Halabi Legal Publications, 2006.
5. Abdel Aziz Al-Ashawi, International Humanitarian Law, Dar Al-Khalduniya for Publishing and Distribution, Algeria, 2010.
6. Abdel Latif Dahiya, International Efforts to Establish International Criminal Justice - The Concept of International Crime, International Criminal Courts - The Permanent International Criminal Court, Dar Al-Janan for Publishing and Distribution, Amman, 2020.
7. Qamoura Samia Bay Muhammad Krush Haizia (2018) Artificial Intelligence: Between Reality and Hope: A Technical and Field Study, International Forum on Artificial Intelligence: A New Challenge to the Law, November 27-28, 2018, Algeria.
8. Michael Kaufman, Katya Migasheva, and others, Lessons from Russia's Operations in Crimea and Eastern Ukraine, Rand Corporation, Santa Monica, California, 2017.
9. Muhammad Salah al-Din Abbas Hamid and Ahmad Ahdi Abdel Ghani, Industrial Robotics, Dar al-Kutub al-Ilmiyyah for Publishing and Distribution, Cairo, 2009.
10. Muhammad Yusuf Alwan, The Jurisdiction of the International Criminal Court, Arab Center for Scientific Studies and Research, Cairo, 2012.
11. Nazir Mahmoud Amin, The Regional and International Repercussions of the Crimean Crisis between Historical Evidence and the Debate over the Russian-American Conflict over Spheres of Influence, Iraq, 2014.
12. Hisham Bashir and Professor Ibrahim Abd Rabbo Ibrahim - Introduction to the Study of International Humanitarian Law - National Center for Legal Publications - 2021.
Second - University Theses:
1. Qutaiba Mazen Abdel Majeed, The Use of Artificial Intelligence in Electrical Engineering Applications: A Comparative Study (Published Master's Thesis), Arab Academy, Denmark, 2009.
2. Wassim Jaber Al-Shanti, The Effectiveness of the Mechanisms of the Rules of International Humanitarian Law, Master's Thesis, Faculty of Sharia and Law, Islamic University of Gaza, Palestine, 2016.
3. Qusay Mustafa Abdul Karim Tayyem, "The Effectiveness of International Humanitarian Law in International and Non-International Armed Conflicts," Master's Thesis, Faculty of Graduate Studies, An-Najah National University, Nablus, 2010.
4. Qutaiba Mazen Abdul Majeed, "The Use of Artificial Intelligence in Electrical Engineering Applications: A Comparative Study," (published Master's Thesis), Arab Academy, Denmark, 2009.
5. WIPO Dialogue on Intellectual Property and Artificial Intelligence, Revised List of Issues on Intellectual Property and Artificial Intelligence Policy, prepared by the WIPO Secretariat (2021), in its second session, issued on May 21, 2021.
Third: Research and Periodicals:
1. Osama Gharbi, "War Crimes and International Criminal Justice," a study published in the Journal of Laghouat, Volume 1, Faculty of Law and Political Science, University of Laghouat, Algeria, 2019.
2. Bassem Sobhi Bushnaq, Mechanisms for Implementing the Rules of International Humanitarian Law and Their Effectiveness, a paper presented at the international conference entitled “International Humanitarian Law in the Light of Islamic Sharia: Guarantees of Implementation and Contemporary Challenges,” Part Two, Faculty of Sharia and Law, Islamic University of Gaza, in cooperation with the International Committee of the Red Cross, Palestine, October 25, 2015. 3. Rashid Al-Marzukiwi, "State Responsibility for Respecting and Ensuring the Application of International Humanitarian Law," Proceedings of the Annual Scientific Conference: International Humanitarian Law - Reality, Dimensions, and Perspectives, Faculty of Law, Jerash Private University, Amman, 2014.
4. Salah (2017), "Branches of Artificial Intelligence: Reasoning," published on the Alfa Web website, date of visit (online), available: https://www.alfaweb8.com/2018/01 al-18.html
5. Marco Sassoli, "Autonomous Weapons and International Humanitarian Law: Advantages, Raised Technical Questions, and Legal Issues to be Clarified," published in the International Committee of the Red Cross's Cairo edition, "International Humanitarian Law in Contemporary Armed Conflicts."
Foreign references:
1. artificial intelligence", britannica, Retrieved 27/9/2021
2. ChatGPT (un chatbot virtuel), un modèle de language développée par Open Al,
3. Jérémie Gilbert, Indigenous Peoples' Land Rights under International Law: From Victims to Actors. Ardsley, New York, Transnational Publishers Inc, 2016, p 325.
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Al-Bayan University Journal for Legal Studies and Research
This work is licensed under a Creative Commons Attribution 4.0 International License.
The authors retain Full copyright of their published article
Al-Bayan University Journal for Legal Studies and Research (AUJLSR) applies the Creative Commons Attribution 4.0 International (CC BY 4.0) License to articles and other works we publish. If you submit your paper for publication by AUJLSR, you agree to have the CC BY 4.0 license applied to your work.
Articles can be read and shared for under the following conditions:
BY: Attribution must be given to the original source (Attribution)
Full details available at
https://creativecommons.org/licenses/by/4.0/
