Rethinking Responsibility in the Digital Age

Abstract

This article examines how international law addresses responsibility in the context of artificial intelligence and digital technologies. Building on the jurisprudence of the International Court of Justice, it argues that responsibility is determined not by the immediate actor, but by the institutional and functional context in which conduct occurs. The analysis shows that AI systems do not constitute autonomous legal subjects but operate as tools within existing frameworks of attribution, control, and due diligence. At the same time, the growing influence of digital actors raises important questions regarding the protection of fundamental rights, as reflected in cases such as Google Spain and Gonzalez v Google. The article concludes that traditional principles of international responsibility remain applicable in the digital age, provided they are carefully adapted to account for technological complexity and the transnational nature of digital environments.