International responsibility of states for damages caused by the use of artificial intelligence in armed conflicts: The Libyan case

Abstract

This research examines the international responsibility of States for damage resulting from the use of artificial intelligence in armed conflicts, with particular reference to the Libyan case. The study is conducted in light of the rapid development of military technologies and the increasing use of artificial intelligence systems for intelligence gathering, data analysis, target identification, military decision-making, and, in some cases, autonomous weapon systems.

The research aims to determine the extent to which the use of artificial intelligence in armed conflicts is governed by existing rules of international humanitarian law and to assess the possibility of attributing international responsibility to States for damage resulting from such use. Particular attention is given to the fundamental principles governing the conduct of hostilities, especially the principle of distinction, the principle of proportionality, the obligation to take precautions in attack, and the review of new weapons, means and methods of warfare. The study also examines the general rules of State responsibility, particularly attribution of conduct to the State, breach of an international obligation, damage, and causation.

The Libyan situation is examined as an important practical case, particularly in light of the United Nations Panel of Experts’ report concerning the use of armed drones and systems with autonomous capabilities, including the Kargu-2 system. The study concludes that the novelty of artificial intelligence does not create a legal vacuum and does not exempt States from international responsibility where the relevant conduct is attributable to the State, constitutes a breach of an international obligation, and causes legally relevant damage. The study also highlights the difficulties of establishing responsibility in the Libyan context due to the multiplicity of actors and the interaction between human decision-making and technological systems. It therefore emphasizes the need for effective human control and clearer international rules governing the military use of artificial intelligence.