Algorithmic Justice

Much of the focus on artificial intelligence (AI) and machine learning (ML) applications in accountability-focused scholarship has tilted towards AI in the context of armed conflict, state surveillance, or human rights abuse. Comparatively little engagement nonetheless arises with the question of how such tools transform a wide range of truth-seeking processes associated with transitional justice. This chapter aims to address this gap through an exploration of the impact of AI on transitional justice practice. The scope and scale of digital investigations necessitate a reliance on a wide range of AI-supported tools to collect, sort, classify, or evaluate material gathered during transitional justice processes. From the International Criminal Court to United Nations investigative mechanisms, practitioners rely on digital tools in order to conduct their investigative or prosecutorial mandates. This chapter finds that AI-enabled digital investigations evince an unevenness of capabilities that reflects algorithmic design and deployment. AI therefore determines what is made visible and left invisible in transitional justice processes.