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

This article provides a comprehensive analysis of the Italian legal framework pertaining to Auton- omous 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 recon- structive 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 crim- inal 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 investi- gations involving digital and AI-based evidence. The article further explores the fragmented land- scape 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 tech- nologies. 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.