Artificial Intelligence Crimes in Autonomous Weapon Systems and the Parties to Criminal and International Responsibility: An Analytical Study of State and Manufacturer Liability

Abstract

The rapid development of artificial intelligence technologies has significantly expanded their use in both civilian and military domains, particularly in robotics, autonomous weapon systems, and intelligent vehicles. This expansion has generated new forms of harmful and potentially criminal conduct that cannot be fully addressed through traditional rules of criminal and international responsibility. The central problem examined in this article concerns the identification of the party legally responsible for violations and damage caused by intelligent systems, given the multiplicity of actors involved in their design, programming, manufacture, operation, and deployment, together with the varying degrees of autonomy, learning capacity, and decision-making attributed to such systems.

The article seeks to identify the principal offences that may be committed through artificial intelligence applications, analyse the legal risks associated with the use of autonomous weapon systems in armed conflict, and determine the scope of State responsibility for the conduct of its organs and armed forces. It further examines the responsibility of the State of registration or nationality and the liability of manufacturing companies for defects and damage caused by their products. Particular attention is given to the legal basis of State responsibility under the rules of attribution, due diligence obligations, and the duty to conduct legal reviews of weapons pursuant to Article 36 of Additional Protocol I of 1977.

The study employs descriptive and analytical methods by examining the characteristics of intelligent systems and analysing the relevant rules of criminal law, international humanitarian law, and the Articles on Responsibility of States for Internationally Wrongful Acts. It concludes that artificial intelligence, at its present stage of development, lacks the consciousness and legally recognised will required for independent criminal responsibility. Responsibility should therefore be attributed to the natural or legal persons, States, and entities that exercise authority over the design, operation, supervision, or deployment of such systems. States remain responsible for the conduct of their armed forces and for failures to test, review, and prevent unlawful outcomes, while manufacturers may incur liability for technical defects and unsafe products. The article recommends the adoption of a binding international framework governing autonomous weapon systems, the preservation of meaningful human control, and the establishment of effective mechanisms of accountability and reparation.