Attribution and accountability in the Arctic: Rethinking international responsibility for artificial intelligence‐based environmental decisions under public international law

Abstract This article examines the potential for international responsibility to arise for States due to their reliance on artificial intelligence (AI) systems in environmental forecasting within fragile Arctic ecosystems. This is particularly considering the limitations of existing legal frameworks, including the United Nations Convention on the Law of the Sea (UNCLOS) and the Convention on Biological Diversity (CBD), to address this technological development. The article assesses the possibility of attributing to the State decisions made based on AI outputs in consideration of the attribution rules outlined in the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) and relevant international judicial precedents. Through this analysis, the article distinguishes between attributing such decisions or omissions to the State and determining whether they breach international obligations. The findings indicate that relying solely on AI‐generated outputs without human evaluation or independent technical review may constitute a breach of the duty of due diligence and trigger international responsibility in the event of environmental harm. The article recommends the development of a binding international protocol to govern the use of AI in ecologically sensitive areas, ensuring transparency, periodic auditing and the protection of Indigenous rights.