Criminal Artificial Intelligence: A Legal Analysis of the Zionist Regime's Use of Algorithms to Commit International Crimes

Document Type : Original Article

Authors
1 Ph.D. student in Public Law, Imam Sadiq University, Tehran, Iran
2 Associate Professor, Department of Public and International Law, Imam Sadiq University, Tehran, Iran
10.30497/hcr.2026.251099.1185
Abstract
The emergence of artificial intelligence technologies on the battlefield has transformed the legal and political nature of warfare, extending far beyond a mere technical evolution. Focusing on the Zionist regime's use of AI-based decision-support systems (such as automated targeting algorithms) in Gaza, this study examines emerging challenges within the realm of international humanitarian law. Unlike previous studies that concentrate solely on describing legal violations, this research adopts an analytical approach to investigate the "crisis of oversight and accountability" stemming from systemic automation. The central research question asks how the "black-box" nature and probabilistic character of military algorithms challenge traditional structures of responsibility attribution and the principle of distinction. Employing a descriptive-analytical approach and an analysis of legal documents, the research findings indicate that the use of these technologies has given rise to phenomena such as "laundering of agency" and the "erosion of meaningful human oversight." This situation not only jeopardizes the principles of distinction between combatants and civilians, proportionality, and precaution, but—by creating a gap between the speed of technological decision-making and the capacity for legal accountability—also facilitates the evasion of criminal and state responsibilities; a state of affairs that calls into question the legitimacy of military actions in the Gaza campaign under the peremptory norms of international law.
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