Is the survival instinct found in single cells as exists in humans, and can single cells communicate for the benefit of the group? The answer seems to be yes (see: Reber, Slijepcević et al. 2024 on ResearchGate). Thus (for those who want to extent volition/consciousness to machines), the ability to kill to survive will have to be programmed into machines such that the compulsion to kill (which has been perfected by humans) cannot be undone by the machine.
AI is killing the Palestinian people in the Gaza Strip in retaliation for Oct 7th. If The Hague convicts the perpetrators of the killings (on all sides), then it will not be the machines that will be imprisoned/executed—for the lust to kill is not in the genes of the AI machine, even though some have suggested that this might be commonplace in the future (e.g., Geoffrey Hinton 2023).