The Jurisprudence of Functional Identity: Artificial Intelligence as a Combatant in Warfare Under Article 43(2) of Additional Protocol I to the Geneva Conventions

Article 43(2) of Additional Protocol I to the Geneva Conventions defines combatants but does not specify that they must be human. Bundle Theory, which views identity as a collection of rights and duties, suggests that legal personhood is unnecessary for combatant status. Artificial intelligence, while not a legal person, could meet the functional criteria of a combatant, such as Roe v Wade (1973), where personhood was contextually recognised. Similarly, artificial intelligence could be classified as a combatant under international as participating in hostilities and adhering to a command structure. This parallels Roe v. humanitarian law without being granted full legal personhood.