Artificial Intelligence and State Responsibility: The Role of Non-State Actors

As the use of artificial intelligence systems in armed conflicts increases, the issue of how the actions of the private sector and non-state actors in this process will be attributed to states is addressed within the framework of international law.

Publication Series and Context

This article forms part of a special blog series dedicated to Dr. Jennifer Maddocks' monograph published by Oxford University Press in the Lieber Studies series.

The authors celebrate Dr. Maddocks' new work on this occasion, who has played an active role in the preparation of international law guidelines on artificial intelligence within the framework of the law of state responsibility.

The Place of Artificial Intelligence on the Battlefield

While artificial intelligence systems appear more frequently on battlefields, major companies such as Palantir and Anduril Industries as well as smaller startups are involved in the development of these technologies.

Private actors are involved in operational processes by training, maintaining, updating, and even directly operating artificial intelligence systems.

Attribution Rules and the Existing Framework

The existing legal framework largely offers a robust and fit-for-purpose structure regarding the attribution of non-state actors' actions to the state.

This framework provides a legal basis capable of covering even unexpected behaviors or those resulting in a loss of control by artificial intelligence.

Practical Challenges and Responsibility

Establishing responsibility in practice stems from the requirement of a fault standard in certain international primary rules rather than shortcomings in the law of state responsibility.

Particularly in artificial intelligence-supported cyber operations, the practical difficulties in tracing the origin of the action complicate the accountability process.