Artificial Intelligence, International Law, and Jus Cogens: Ethical Limits of Digitalization

This article examines the intersection of jus cogens norms—peremptory principles of international law prohibiting acts such as genocide, torture, and crimes against humanity—and the accelerating global deployment of artificial intelligence (AI) technologies. It argues that AI’s dual-use nature, spanning both civilian and military applications, presents unprecedented regulatory challenges, particularly where autonomous systems, mass surveillance, and data exploitation risk facilitating violations of jus cogens. The analysis identifies three high-risk domains: (1) autonomous weapon systems and the accountability gap between developers, operators, and algorithms; (2) state-sponsored mass surveillance programs, exemplified by social credit systems and discriminatory biometric technologies; and (3) data colonialism, wherein developing countries’ data resources are extracted without equitable safeguards. The paper critically evaluates existing regulatory frameworks, including the Geneva Conventions, UNESCO’s 2021 AI Ethics Recommendations, and the International Criminal Court’s jurisdictional scope, highlighting their limitations in addressing AI-enabled threats to peremptory norms. Judicial precedents, such as the litigation over social media’s role in the Myanmar genocide, are discussed as emerging pathways for accountability but remain insufficient in scope and enforceability. In response, the article proposes the recognition of a “Digital Jus Cogens” category to explicitly prohibit certain AI uses under international law, coupled with the establishment of a United Nations AI Oversight Council. It advocates for mandatory Ethical Impact Assessments, enforceable human veto rights over high-risk algorithmic decisions, and expanded accountability mechanisms for both states and multinational corporations, including global taxation frameworks to fund oversight and reparations. By situating AI governance within the normative hierarchy of jus cogens, this study contends that the digital protection of human dignity must serve as the foundational principle for 21st-century international law. Without such proactive measures, technological innovation risks outpacing the capacity of the legal system to uphold humanity’s most fundamental values.