Criminalizing Self-Replicating Smart Materials: From Metallurgical Crimes Against Humanity to the Threat of Biosphere Collapse under International Criminal Law

Recent developments in self-replicating smart materials offer transformative applications but also unprecedented risks to human and environmental security. Unlike conventional pollutants, these substances can autonomously integrate into biological and ecological systems, creating hazards that current environmental and criminal law cannot adequately address. This article introduces “metallurgical crimes”, defined as the unlawful creation or release of self-replicating materials whose autonomous properties threaten biosphere integrity. Distinct from broader ecocide, this concept emphasizes technological origin and self-propagating capacity. Methodologically, the study applies conceptual and comparative legal analysis of international treaties and judicial precedents, showing how current doctrines fail to cover autonomous technological threats. Findings reveal a normative gap: while international criminal law recognizes genocide, crimes against humanity, war crimes, and aggression, it lacks provisions for emerging self-replicating technologies. Institutional barriers, such as slow treaty-making processes, further hinder timely regulation. To address this gap, the article outlines a model legal provision criminalizing intentional release of self-replicating materials, suggesting it could be considered for future recognition as an international crime. The analysis demonstrates that early legal engagement is both feasible and normatively necessary to safeguard collective security and intergenerational justice.

کلیدواژه ها:

Self-replicating smart materials ، Metallurgical crimes ، International criminal law ، Biosphere integrity ، Ecocide