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VOL. 11, ISSUE 5 (2025)
Emerging technologies in warfare: Legal challenges for international criminal jurisprudence
Authors
Deepika Badhan, Dr. Rupam Jagota
Abstract
The rapid integration of emerging
technologies—such as autonomous weapon systems (AWS), cyber warfare, and
artificial intelligence (AI)—into modern military operations has significantly
transformed the landscape of contemporary warfare. These developments challenge
the foundational principles of international criminal jurisprudence, including
notions of state responsibility, individual accountability, and adherence to
international humanitarian and human rights law. This article critically
examines the legal and ethical dilemmas posed by such technologies,
particularly concerning the attribution of criminal liability in complex,
technology-mediated conflicts. It explores whether existing legal frameworks,
including the Rome Statute of the International Criminal Court (ICC), the
Geneva Conventions, and customary international law, are sufficient to address
the nuances of technologically driven warfare. Key challenges include
determining mens rea in cases involving autonomous decision-making, assessing
proportionality and distinction in cyber operations, and establishing command
responsibility when human oversight is minimal or absent. The article also
investigates the role of state sovereignty and jurisdictional limitations in
prosecuting crimes committed through extraterritorial or digital means. Drawing
upon recent case law, scholarly debates, and evolving norms, the paper
underscores the urgent need for legal reform and normative clarity. It proposes
recommendations for adapting international criminal law to ensure
accountability, victim protection, and legal certainty in an era where the
lines between human agency and machine autonomy are increasingly blurred.
Ultimately, this article contributes to the growing discourse on law and
technology by advocating for a dynamic, principles-based approach to uphold
justice in the context of technologically advanced warfare.
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Pages:84-89
How to cite this article:
Deepika Badhan, Dr. Rupam Jagota "Emerging technologies in warfare: Legal challenges for international criminal jurisprudence". International Journal of Law, Vol 11, Issue 5, 2025, Pages 84-89
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