Autonomous Weapons and Criminal Law in Finland: Assessing Liability for War Crimes and Other Offences
| author | Mikko T. Huttunen |
| journal | RIDP (ISSN: 0223-5404) |
| volume | 2025 |
| issue | International perspectives on AI: challenges for judicial cooperation and international humanitarian and criminal law |
| section | National Reports |
| date of publication | Jan. 28, 2026 |
| language | English |
| pagina | 97 |
| abstract | This article examines how Finnish criminal law and military-related legislation address the use of autonomous weapon systems (AWS) in armed conflicts. Due to the country’s lack of specific rules on AWS and case law, the undertaking is somewhat speculative and based on a generic obligation, per Finnish law, to adhere to international humanitarian law (IHL). The article finds that the misuse of AWS may in Finland be punishable as a war crime, service offence or certain regular offences. While autonomy is not a decisive factor from the perspective of the elements of the offence, it complicates establishing criminal liability for war crimes in particular due to the restrictive doctrine on criminal omission. Causality, mens rea, and the diverging roles and liability of military subordinates and superiors further complicate the assessment, as does the diversity in trial procedures. War crimes are tried in general courts during peacetime, while military offences under certain circumstances follow a military criminal procedure. On a policy level, given the present security environment and the vagueness of the concept of AWS, the article does not recommend domestic legislative action but rather emphasises the role of prudent weapon-specific training for both professional soldiers and reservists. |

