Challenges of Autonomous Weapon Systems for International Criminal Law: A Polish Perspective

authors Hanna Kuczyńska
  Karolina Kremens
  Kaja Kowalczewska
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 Dutch
pagina 167
abstract

The Polish report on the regulations concerning the use and limits of the use of AI in international humanitarian law presents the state of law and legal debate relating not only to the AI perspective but also to the possible modes of responsibility for persons who make use of this new technology on a battlefield and/or command such use. The research shows that there is no specific regulation either in legal acts of general or specific character or in any other type of regulation. There is a lot to be done in this area, and it should be stressed that such legal regulation should be provided in order to follow the technological developments on the battlefield. However, the Polish legal order provides for the required modes of responsibility of military personnel and commanders or superiors in international criminal law. The report presents the analysis of the applicable law and case law that could be used in the present state of law, based on the (limited) experiences in war crimes adjudication.