Governing Machines of War: Criminal Liability and AI Accountability in Autonomous Weapons Systems

Abstract

The rapid advancement of artificial intelligence (AI) and autonomous weapon systems is fundamentally reshaping modern warfare and challenging criminal liability. These systems, capable of identifying and attacking targets without direct human control, raise urgent questions about accountability when such systems cause unlawful harm. This paper examines how international criminal law can adapt to attribute responsibility in cases where human and algorithmic making are intertwined. Drawing on the Rome Statute, the analysis focuses on doctrines of intent, command responsibility, and foreseeability. It argues that existing frameworks have difficulties assigning liability to this kind of violation of humanitarian law. This paper argues that adapting criminal law to emerging technologies requires combining ethical AI principles into defense policy and international cooperation. By creating a connection between law, technology, and governance, it offers a framework for ensuring that the pursuit of military innovation does not outweigh humanitarian values.