The African Court on Human and Peoples' Rights is launching a major capacity-building initiative to equip judges and court staff with the knowledge to use artificial intelligence responsibly, addressing a critical gap where nearly half of judicial operators globally use AI tools but lack formal guidance on their ethical deployment.

Why Are Judges Using AI Without Proper Training?

A striking disconnect exists in the global justice system. According to a UNESCO survey, 44 percent of judicial operators worldwide are already using AI tools such as ChatGPT in their work, yet only 9 percent have received formal guidance or training on their responsible use. This gap highlights a fundamental challenge: courts are adopting powerful technology without the institutional knowledge to deploy it safely and fairly.

The African Court, based in Arusha, Tanzania, recognized this risk and partnered with UNESCO to address it head-on. The four-day capacity-building seminar, held during the Court's 82nd Ordinary Session, brings together over 50 participants, including judges, legal officers, and staff from the Court's language, documentation, library, communication, and IT units. The program is based on UNESCO's Global Toolkit on AI and the Rule of Law for the Justice Sector, a resource designed specifically for judicial institutions navigating this new landscape.

What Specific Risks Does AI Pose to Justice Systems?

The risks are real and multifaceted. AI systems can perpetuate existing biases, lack transparency in how they reach conclusions, violate privacy rights, and undermine fundamental due process protections. When an algorithm makes recommendations in a legal case, judges and court staff need to understand not just what the AI suggests, but why it suggests it and whether it might be discriminating against certain groups.

The African Court's President, Hon. Justice Blaise Tchikaya, emphasized that while AI can support legal research, analyze jurisprudence, and reduce administrative delays, the technology has real limitations. "The African Court cannot remain on the sidelines as artificial intelligence increasingly shapes the administration of justice," he stated, adding that "responsibility remains with those who use the technology".

The core concern is straightforward: if judges don't understand how AI systems work, they cannot effectively oversee them or protect the rights of those appearing before the court. This is especially critical in Africa, where the African Court serves as a guardian of human and peoples' rights across the continent.

How Can Judicial Institutions Build AI Literacy and Safeguards?

• Formal Training Programs: Judges and court staff need structured education on AI capabilities, limitations, and risks, similar to the seminar the African Court is conducting. This training should cover how AI systems are built, what biases they might contain, and how to evaluate their reliability in legal contexts.
• Risk Assessment Frameworks: Judicial institutions must develop the capacity to assess specific risks to fairness, transparency, and privacy before deploying AI tools. This means asking hard questions about whether an AI system might discriminate against certain populations or obscure the reasoning behind legal recommendations.
• Preserving Human Agency: Technology should enhance judicial decision-making, not replace it. Dr. Robert Eno, Registrar of the African Court, emphasized that "AI becomes a servant of justice, never its substitute," underscoring that judges must retain ultimate authority and accountability for legal decisions.
• Transparency and Accountability Protocols: Courts need clear policies requiring that AI-assisted decisions be explainable and auditable, ensuring that both judges and the public can understand how technology influenced legal outcomes.
• Data Protection Standards: Judicial use of AI involves sensitive personal and legal information. Institutions must establish robust safeguards to prevent data breaches and ensure that AI systems comply with privacy laws and human rights standards.

UNESCO has already demonstrated the scale of this challenge and opportunity. The organization has worked with more than 38,000 judicial actors in 160 countries through its Global Judges Initiative, supporting capacity-building on international standards relating to freedom of expression, access to information, and now AI and the rule of law.

"Strengthening understanding of AI among judges is one of the most effective ways to safeguard human rights in an era of algorithmic governance," said Ms. Misako Ito, UNESCO's Regional Adviser for Communication and Information in Africa. "We must ensure that these systems do not perpetuate existing biases or violate privacy rights."

Ms. Misako Ito, UNESCO's Regional Adviser for Communication and Information in Africa

Why Does This Matter for Africa Specifically?

The African Court's initiative is particularly significant because it positions the continent as proactive rather than reactive on AI governance. The Court's mandate includes hearing cases and disputes concerning the interpretation and application of the African Charter on Human and Peoples' Rights, as well as other human rights instruments ratified by African Union Member States. If AI systems are deployed without proper oversight, they could undermine the very human rights protections the Court exists to defend.

By building judicial capacity now, the African Court is setting a precedent for how continental and regional courts can harness AI's benefits while protecting against its risks. This approach recognizes that innovation and tradition are not opposites; rather, innovation should strengthen the rule of law, not weaken it.

"Our task is not to choose between innovation and tradition, but to ensure that innovation strengthens tradition, that Artificial Intelligence becomes a servant of justice, never its substitute," said Dr. Robert Eno, Registrar of the African Court.

Dr. Robert Eno, Registrar of the African Court

The seminar reflects ongoing cooperation between the African Court and UNESCO in areas of mutual interest, including the promotion of justice and human rights. As more judicial systems worldwide adopt AI tools, the model being tested in Arusha could offer valuable lessons for courts globally struggling with the same challenge: how to use powerful technology responsibly without sacrificing the human judgment and accountability that justice systems depend on.