International Criminal Law Perspectives on Artificial Intelligence in Ukraine: between the war and legal reformation

Abstract

In late 2021 – early 2022 (before Russian war aggression against Ukraine), the oldest criminal law non-governmental organization International Association of Penal Law (AIDP-IAPL, Paris, France) asked the Ukrainian National Group to answer the most important questions about artificial intelligence in the context of International Criminal Law and International Humanitarian Law. In this regard, a subgroup was created and four scientists worked together in collecting material, searching for local legal acts that regulate this sphere in Ukraine, and searching for precedents for the use of artificial intelligence. The solution to the issue of criminal responsibility for the use of artificial intelligence in Ukraine in the context of the preparation of the new Criminal Code of Ukraine by the Law Reformation Commission of Ukraine under the President of Ukraine becomes important and promising. Such criminal-law approaches to solving this problem may be on the borders of criminal liability for individuals (operators), legal entities (plants and suppliers), as well as states that implement them in peacetime or wartime with a criminal (terrorist) purposes.