The Algorithm In The Dock: Why International Law Must Govern AI-Driven Decisions In Criminal Justice
- IJLLR Journal
- Jun 4
- 1 min read
Zeeshan Akhtar Khan, BA LLB, Aligarh Muslim University Centre, Malappuram
ABSTRACT
The increasing use of artificial intelligence (AI) in criminal justice systems raises serious concerns about fairness, transparency and human rights. AI tools are being used more and more in sentencing, bail, parole, predictive policing, and facial recognition. But a handful of studies and incidents, including the wrongful arrest of Robert Williams, have shown that these systems can produce discriminatory and inaccurate results, particularly for racial minorities. Current international human rights law (including ICCPR) does not sufficiently regulate algorithmic decision-making or provide protections from AI-enabled injustice. The EU Artificial Intelligence Act provides a relevant regulatory framework, but its protection is regional and limited. This paper argues that international law must evolve to regulate AI in criminal justice through stronger transparency standards, human oversight, accountability mechanisms, and global legal safeguards to protect fair trial rights, equality, and individual liberty.
