Conference on Business, Social Sciences and Technology (CoNeScINTech)
Vol. 6 No. 1 (2026): Conference on Business, Social Sciences and Technology (CoNeScINTech) - Article

Algorithmic Impunity and the Accountability Crisis in International Humanitarian Law Under AI-Driven Autonomous Weapons Systems

David Greacy Geovanie (Universitas Pendidikan Ganesha, Indonesia)
Dewa Gede Sudika Mangku (Universitas Pendidikan Ganesha, Indonesia)
Ni Putu Rai Yuliartini (Universitas Pendidikan Ganesha, Indonesia)



Article Info

Publish Date
22 Sep 2026

Abstract

This study aims to (1) construct the concept of algorithmic impunity as a new analytical category within International Humanitarian Law (IHL), addressing the legal accountability vacuum produced by the deployment of AI-driven Lethal Autonomous Weapons Systems (LAWS) in contemporary military operations. (2) Specifically, it examines the failure of international criminal accountability doctrines to establish mens rea for harms caused by autonomous AI systems,and evaluates the adequacy of UN General Assembly Resolution 79/239 (2024) as a normative response to this crisis. A juridical-normative approach is employed through doctrinal and comparative legal analysis. Primary materials include IHL instruments, CCW GGE LAWS documents, relevant UN resolutions (Res. 79/62 and 79/239), and applicable international jurisprudence. The analysis examines three core IHL principles, distinction, proportionality, and precaution, in the context of LAWS operating without meaningful human oversight. The research identifies a structural accountability crisis in the current IHL regime stemming from three conditions: (1) causal anonymity between algorithmic decisions and lethal consequences; (2) the disintegration of traditional command chains due to machine autonomy; (2) and the absence of a binding legal instrument specifically governing LAWS. The study concludes that adequate normative response requires developing an algorithmic impunity doctrine within an additional IHL protocol, moving beyond meaningful human control toward an AI life-cycle accountability framework.

Copyrights © 2026






Journal Info

Abbrev

conescintech

Publisher

Subject

Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science

Description

CoNeScINTech (Conference on Business, Social Sciences and Technology) Conducting a research is one of the implementations of Three Pillars of Higher Education that has a crucial role for the development of science, technology, and arts as well as for the improvement of the welfare of society since ...