Abstract –
The way wars are fought is changing rapidly, driven by technologies like artificial intelligence, autonomous weapons, cyber warfare tools, and advanced digital surveillance. These innovations create new challenges for holding individuals accountable for war crimes. This paper explores the difficulties of using digital evidence in court, especially when videos and data can be easily altered or fabricated. It also questions who should be liable when autonomous systems make deadly errors.
Traditional principles of warfare—such as protecting civilians and ensuring attacks are proportionate—are being put to the test. Emerging technologies blur the lines in existing legal frameworks, making it harder to assign responsibility, apply international humanitarian law (IHL), and gather admissible evidence. This paper delves into issues like accountability in autonomous systems, the legality of AI-led decisions during conflict, and the complex jurisdiction of cyber warfare.
While such technologies can support evidence collection and legal analysis, they also bring serious ethical and legal concerns. Prosecution of modern war crimes demands a rethink of evidentiary standards, attribution of blame, and the suitability of current legal systems.
Ultimately, the pressing challenge is bridging the gap between fast-paced technological change and the timeless principles of humanity in war.
Introduction –
Over time, warfare has undergone drastic changes, driven by evolving technology and shifting global dynamics. In today’s world, artificial intelligence, autonomous systems, cyber-attacks, and widespread surveillance are reshaping both combat and accountability. While these tools enhance military capability, they also raise serious legal and ethical concerns in holding war criminals accountable.
War crimes—like deliberately targeting civilians, causing unnecessary destruction, or committing genocide—are serious breaches of international humanitarian law (IHL). Traditionally, accountability was based on clear command chains, physical evidence, and eyewitnesses. But now, digital manipulation, machine-led decisions, and anonymous cyber operations make prosecution far more complicated.
This paper explores these legal challenges, focusing on problems with evidence, assigning responsibility, and weaknesses in current IHL. It also asks whether today’s legal systems can handle the complexities of tech-driven war crimes, or if new global rules are needed.