The Rule of Law and Counter-Terrorism

Abstract

In this submission, we invite the UN Special Rapporteur to emphasize the significance of core rule of law values, such as transparency, accountability, predictability and consistency, and equality before the law in the context of technical assistance and capacity building in counter-terrorism efforts. The adherence to the rule of law values is particularly important as decisions involving individual liberty are increasingly automated, often providing little to no recourse to those impacted. We have written about automation of government decision-making, including in the law enforcement and national security context, and the implications of various automation techniques on the core values of the rule of law. We have analysed in detail how various automation techniques, using machine learning and/or expert systems, can undermine rule of law values. We also asked whether new technologies, such as blockchain, can promote the rule of law values. We believe our analysis can be helpful when considering rule of law and human rights implications in the context of technical assistance and capacity building in counter-terrorism.