Algoritma Maut di Medan Perang: Menimbang Pertanggungjawaban Pidana Internasional untuk Kejahatan yang Dilakukan oleh Sistem Senjata Otonom (LAWS).

Abstract

The rapid development of artificial intelligence has significantly transformed modern warfare, particularly through the emergence of Lethal Autonomous Weapon Systems (LAWS). These weapon systems are capable of selecting and engaging targets without meaningful human intervention, raising serious legal, ethical, and humanitarian concerns. This article examines the challenges of international criminal responsibility for crimes committed through the use of LAWS within the framework of international humanitarian law and international criminal law. The primary focus of this study is to analyze whether existing legal instruments, particularly the Rome Statute of the International Criminal Court, are adequate to address issues of accountability, mens rea, and attribution of criminal responsibility arising from the autonomous nature of such weapons.

This research employs a normative juridical method using statutory and conceptual approaches. Primary legal sources include the Rome Statute, the Geneva Conventions, and their Additional Protocols, while secondary sources consist of legal doctrines and scholarly works. The findings indicate that fully autonomous weapon systems pose substantial difficulties in fulfilling the principles of distinction and proportionality under international humanitarian law. Furthermore, the absence of direct human control complicates the application of individual criminal responsibility and command responsibility doctrines, as the causal link and mental element required for criminal liability are increasingly blurred.

The study concludes that although existing international legal principles—such as the Martens Clause and command responsibility—can be interpreted to address the use of LAWS, the current legal framework remains insufficient. Therefore, the development of specific international regulations emphasizing meaningful human control is essential to prevent accountability gaps and ensure the protection of humanity in armed conflicts.