In the last decade, the use of robotic weapons has increased. So that future armed conflicts are described by increasing use and reliance on military robots .The development of these weapons as one of the new achievements of humanity has challenged internationally leagl liability system. Particularly, the criminal liability for illegal acts of independent robotic military systems is more challenging for those who need to be proved of their intentional ,About the military commander, in order to exercise Criminal liability, her effective control must be exercised according to her knowledge of the technical operationand planning of these weapons. Given that the planning of these weapons is not with the commander and they are designed to act independently and decide based on the program and instructions and restrictions given to them. It is unlikely that the military commander will be able to take the necessary measures to prevent their war crimes and be held criminally liable for them