Autonomous Weapon Systems and Challenges for Judicial Cooperation and International Criminal and Humanitarian Law: An Italian Perspective

authors Chantal Meloni
  Silvia Signorato
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
publicatie datum 28 janvier 2026
langue English
pagina 145
abstract

This article provides a comprehensive analysis of the Italian legal framework pertaining to Autonomous Weapon Systems (AWS) within the domain of criminal law. Prepared as a national report for the XXI International Congress of the AIDP, the study adopts an interpretative and reconstructive methodology in response to the absence of a specific domestic regulatory regime for AWS. It systematically examines the applicable principles derived from substantive and procedural criminal law, the military code, and the constitutional provisions. The analysis reveals a significant dichotomy: while Italian substantive criminal law asserts broad extraterritorial reach, its criminal procedural law remains strictly territorial, creating inherent challenges for cross-border investigations involving digital and AI-based evidence. The article further explores the fragmented landscape of judicial and police cooperation, the academic and policy debates surrounding a potential ban on AWS, and the complex questions of criminal liability for human actors within chain of command structures. By situating Italian law within its European and international obligations, the article highlights the regulatory shortfalls and practical difficulties posed by emerging technologies. It concludes that the current framework is ill-adapted to the exigencies of globalised criminality, often relying on informal cooperation mechanisms that risk undermining procedural guarantees.