Alex Walsh and Floris de Klerk Wolters
Across the world, justice systems are grappling with a wave of new technologies that touch upon the very core of how they are organized. Among these is artificial intelligence, the impact of which has already been seismic. A survey carried out by UNESCO in late 2023 found that 44 per cent of judicial professionals (including judges and prosecutors) in 96 countries reported actively using ChatGPT in their work. Yet, not even 10 per cent of these respondents indicated that they had been given any guidelines on the use of AI in a judicial context.
These developments raise many governance questions, which have only just begun to be discussed, let alone answered. Most of the research on AI in justice seems to focus on the changes taking place in wealthier countries. Yet, it is in the most fragile settings that the need to explore how AI is already changing justice provision, and how it can and will change it going forward, is undoubtedly highest.
Justice AI is not “coming” to fragile and conflict-affected situations. It is already in use, whether as shadow AI or in more official forms.
Examining this relationship between AI and justice in fragile and conflict-affected situations (FCS) is a must-have, not a nice-to-have. Despite a clear digital divide in the general use of AI between high-income states and the rest of the world, some 70 per cent of global AI users are in developing countries. And several low-income FCS (such as Myanmar and Niger) have higher AI usage rates than some wealthier countries. It is therefore natural to ask how developments in AI will affect justice sectors in FCS, informing the two core questions this paper seeks to answer:
1. What opportunities exist for AI to improve access to justice?
2. What risks and implications for governance arise in the context of Justice AI?
Read more in the publication.