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IGF 2024 Launch / Award Event #109 Guidelines for the use of AI Systems by Judiciary

    Prateek Sibal, Programme Specialist, Digital Policies and Digital Transformation, UNESCO

    Mei Jie Chen, Trainee, Digital Policies and Digital Transformation, UNESCO

    Speakers

    Opening Remarks / Moderator: 

    • Mr. Cedric Wachholz, Chief of Section, Digital Policies and Digital Transformation, UNESCO  

    Speakers:  

    • Dr. Eliamani Laltaika, Judge, High Court of Tanzania [Judiciary/Africa] 

    • Mr. Juan David Gutiérrez Rodríguez, Associate Professor, School of Government, Universidad de los AndesColombia [Academia/Latin America]  

    • Ms. Miriam Stankovich, Principal Digital Policy Specialist, Center for Digital Acceleration, United States [Private Sector/North America]  

    • Ms. Nidhi Singh, Project Manager, Centre for Communication Governance, National Law University Delhi, India [Civil Society/Asia]  

    • Ms. Linda Bonyo, Founder, Lawyers Hub, Kenya [Civil Society/Africa]  

    Onsite Moderator

    Cedric Wachholz, Chief of Section, Digital Policies and Digital Transformation, UNESCO

    Online Moderator

    Prateek Sibal, Programme Specialist, Digital Policies and Digital Transformation, UNESCO

    Rapporteur

    Mei Jie Chen, Trainee, Digital Policies and Digital Transformation, UNESCO

    SDGs

    16.3
    16.b

    Targets: The session will address SDG 16, which seeks to “Promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels.” In particular, the project will address i) SDG 16.3 of promoting the rule of law at the national and international levels and ensuring equal access to justice for all, and ii) 16.B Promoting and enforcing non-discriminatory laws and policies for sustainable development. The launch of the guidelines will inform judicial operators worldwide on the human rights concerns that they must keep in mind while using AI systems.

    Format

    Roundtable

    The session will discuss three key issues: - Challenges and opportunities for the use of AI in the Judiciary - Human rights implications of AI that the judiciary must be prepared to address. - Strategies, tools, and good practices with respect to judicial training related to AI. The roundtable discussion format will follow the launch of the "Guidelines for the Use of AI by Judicial Operators" and will enable all participants to share their insights around the three key issues to be discussed at the session. The session will establish links with the IGF's Judiciary Track and will ensure that the wider IGF community engages with the judiciary on issues related to digital technologies like AI, human rights and governance.

    Duration (minutes)
    60
    Description

    Background: 

    The interest in adopting artificial intelligence (AI) tools by judicial operators is growing, and their access to generative AI tools has increased in recent years. More recently, judges, prosecutors and lawyers around the globe have started to use chatbots powered by Large Language Models (LLMs) to draft legal documents, legal briefings and elaborate arguments in court hearings. However, formal guidance on adequately using these tools for individuals or organizations in the justice sector is scarce.  

    Only a few countries around the World have issued policies, rules or guidelines on how judicial operators could adopt and use these tools ethically and responsibly. These tools can help judges, prosecutors, lawyers, civil servants in legal administration, and researchers improve the quality of their work by facilitating the search for information, automating tasks, and supporting decision-making processes. Although AI tools can support the core objectives of the justice sector, the negligent use of AI systems by judicial operators may also undermine human rights, such as fair trial and due process, access to justice and effective remedy, privacy and data protection, equality before the law, and non-discrimination, as well as judicial values such as impartiality and accountability.  

    Objective: 

    The session will address SDG 16, which seeks to “Promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels.”  

    In particular, the project will address  

    1. SDG 16.3: Promoting the rule of law at the national and international levels and ensuring equal access to justice for all 

    1. SDG 16.B: Promoting and enforcing non-discriminatory laws and policies for sustainable development. The launch of the guidelines will inform judicial operators worldwide on the human rights concerns that they must keep in mind while using AI systems. 

    Session Overview: 

    UNESCO will be launching its draft Guidelines for the Use of AI by Judicial Operators at the session. These guidelines have been developed based on a survey of over 500 judicial operators from 96 countries concerning their use of Generative AI. 

    Experts will then gather in a roundtable format for a panel discussion.  

    This session will discuss:  

    • Challenges and opportunities for the use of AI in the Judiciary  

    • Human rights implications of AI that the judiciary must be prepared to address. 

    • Strategies, tools, and good practices with respect to judicial training related to AI.  

    Key Takeaways (* deadline at the end of the session day)

    Ethical and Responsible AI Use: The adoption of AI in justice systems must adhere to principles that ensure ethical, responsible, and human rights-compliant practices.

    AI System Selection: Careful consideration is needed to determine which AI systems are appropriate for specific judicial tasks to maximize their effectiveness and suitability.

    Preparation for AI Integration: Adequate preparation, including training and infrastructure development, is essential for the successful implementation of AI in legal processes.

    Call to Action (* deadline at the end of the session day)

    Harness AI Responsibly in Justice Systems Judicial systems must embrace AI as a tool for enhancing efficiency and accessibility while committing to ethical principles, robust risk management, and the protection of human rights. Guided by UNESCO’s recommendations, stakeholders should prioritize fairness, transparency, and privacy, ensuring that AI serves justice without perpetuating bias or inequality.

    Session Report (* deadline 9 January) - click on the ? symbol for instructions

    The session began with an introduction to the panellists and an overview of the discussion’s objectives. A presentation was delivered on UNESCO’s guidelines for the ethical and responsible adoption of AI in the administration of justice, addressing four key questions:

    • Principles for Ethical AI: What principles should guide the ethical, responsible, and human rights-compliant use of AI in justice systems?
    • AI System Selection: How to determine which AI systems are suitable for specific judicial tasks.
    • Preparation for AI Use: How to prepare for the integration of AI in legal processes.
    • Risk Management: How to identify, avoid, and manage risks, particularly those associated with generative AI.

    The discussion explored areas where AI could add significant value in legal processes, such as research, evidence analysis, and translation. A notable example highlighted was the use of AI-powered translation tools in Tanzanian courts, which have greatly improved efficiency by bridging language barriers between English and local African languages. Additional use cases were shared, including AI applications for analyzing procedural rules, generating reports, and summarizing evidence. These tools have enhanced the effectiveness of legal work by streamlining complex tasks. While the benefits of AI were acknowledged, concerns about its broader implications were emphasized. Ethical, legal, and social considerations were discussed, including the risks of algorithmic bias and injustice. The importance of maintaining oversight to prevent such issues was stressed. Privacy concerns were also raised, particularly regarding whether individuals are willing to trade privacy for the advantages offered by AI. The concept of qualified consent was introduced as a way to balance these trade-offs. The session concluded with a call for careful handling of AI in judicial contexts. Participants were encouraged to approach AI not with fear but with caution and responsibility, guided by UNESCO’s recommendations.