The integration of artificial intelligence (AI) into military operations enhances efficiency and precision but raises significant challenges to accountability under International Humanitarian Law (IHL), as illustrated by the use of AI-driven decision support systems (AI-DSS) like Lavender and Gospel during the Gaza conflict. By using the recent Gaza conflict as a case study, this Article explains how the growing use of AI-DSS is creating a dangerous accountability chasm. While some have advocated for a strict liability approach, this Article makes the case for judicial adaptation of the principles of command responsibility and accessory liability through recognition of the concept of “digital subordinates” and “digital co-perpetrators” to close the accountability gap related to AI-generated war crimes.

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