مجلة المفكر
Volume 21, Numéro 1, Pages 76-90
2026-06-10
(criminal Liability For Environmental Damage Caused By Artificial Intelligence Systems)
Authors : Chaaben Lamia .
Abstract
The world is witnessing an unprecedented digital transformation driven by the rapid development of artificial intelligence systems. While these technologies have revolutionized many aspects of life, they have also created serious environmental risks, ranging from digital pollution caused by their infrastructure to direct environmental harm resulting from autonomous algorithmic decisions. This study critically examines the issue of criminal liability for environmental damage caused by AI systems. It analyzes the specific nature of such damage and the main challenges facing the application of traditional criminal law, particularly those related to the mental element, causation, and attribution. The paper also reviews contemporary legal approaches, including the extension of existing rules and the development of new liability frameworks, while assessing their ability to balance environmental protection and technological innovation. It further highlights recent legislative developments, especially the 2024 EU Artificial Intelligence Act and the 2024 Environmental Crime Directive
Keywords
Criminal Liability, Artificial Intelligence, Environmental Damage, Strict Liability, Digital Ecocide, European AI Act, Environmental Crimes Directive.
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