On 18th of October, 2024, the 66th Annual Meeting of the International Association of Judges (IAJ) started in Cape Town. After the Opening Ceremony, with the attendance of the Chief Justice of the Republic of South Africa and other high Justices of the Country, the meetings of the Regional Groups took place.
On Sunday, 20th of October, an international conference focused on the sujects of the use of A.I. in the judicial activity.
The rapidly evolving role of Artificial Intelligence (AI) in various sectors continues to draw attention across disciplines, including the judicial system. In this context, the conference brought together distinguished legal professionals to examine the intersection of AI and the judiciary. The discussions emphasized how AI technologies are reshaping judicial processes, law interpretation, and the administration of justice.
The conference commenced by setting the stage for in-depth discussions on AI’s transformative effects on judicial activities.
“The Effects of Artificial Intelligence on the Judiciary as a Whole”, delivered by Marilyn Huff, President of the First Study Commission of the International Association of Judges (IAJ), examined the overarching effects of AI on judicial operations. Huff delved into how AI is being integrated into court systems globally, from streamlining administrative functions to potentially assisting in decision-making processes. She raised critical questions about the balance between automation and the preservation of judicial discretion.
“Artificial Intelligence: Its Impact on Social Law”. This session featured Margaret McKeown, President of the Fourth Study Commission of the IAJ. McKeown focused on the specific impact of AI on social law, which deals with issues such as welfare, healthcare, and labor rights. She addressed how AI-driven tools are being used to interpret social legislation, raising concerns about fairness, equity, and access to justice. Her talk also emphasized the need for safeguards to ensure that AI’s application in social law aligns with human rights standards. Artificial intelligence does not include emotional intelligence. Coping with competing AI Regimes in international operations and transactions needs international cooperation in AI matters. A lack of cooperation heightens risks of misuse.
Leonie Reynolds, President of the Consultative Council of European Judges (CCJE), explored the position of European judges on the use of AI in judicial activities. Reynolds articulated the CCJE’s standpoint, which includes a cautious approach to AI integration. She emphasized the importance of ensuring that AI tools remain subservient to human judges, preserving the essential human elements of empathy, discretion, and fairness in judicial decision-making.
After a short break, allowing attendees to network and reflect on the morning’s presentations, Giacomo Oberto, Secretary-General of the IAJ and President of the CEPEJ-SATURN Group of the Council of Europe, took the stage to share the position of the European Commission for the Efficiency of Justice (CEPEJ). Oberto provided insights into how the CEPEJ views AI as a tool for improving judicial efficiency. He discussed initiatives undertaken by the CEPEJ to incorporate AI systems in judicial operations while ensuring that ethical and legal guidelines are strictly adhered to. He concluded by presenting the EU Artificial Intelligence Act which is a proposed regulation by the European Union that aims to establish a comprehensive legal framework for the development, use, and regulation of artificial intelligence (AI) technologies across Europe. Its main objective is to ensure that AI systems are safe, trustworthy, and aligned with fundamental human rights and EU values.
A debate followed, during which participants engaged in discussions about the potential and risks of AI in judicial activities.
The final session saw Mariya Badeva from the University of Cape Town to offer conclusions on the conference discussions. She summarized the key takeaways, emphasizing the dual nature of AI as both a tool of immense potential and a subject of caution for the judiciary.
The conference officially closed at 12h00, leaving attendees with much to contemplate regarding the role of AI in shaping the future of the judiciary.
As AI continues to advance, its implications for the judiciary will be profound and far-reaching. The conference on “Artificial Intelligence: Its Impact on Judicial Activities” provided a crucial platform for discussing both the opportunities and challenges posed by AI in the legal sector. With thoughtful integration and robust safeguards, AI has the potential to improve judicial efficiency and accessibility while upholding the principles of justice.
UIHJ President Marc Schmitz attended the event and had the opportunity to present IAJ President Duro Sessa with a copy of the UIHJ Global Code of Enforcement, along with a commemorative book published to mark UIHJ’s 70th anniversary, which chronicles the organization’s history.
During his stay in Cape Town, President Schmitz also met with Adv. Mandla Mathapuna, Chairperson of the South African Board for Sheriffs (SABFS), a UIHJ member. They explored the potential role of SABFS in expanding UIHJ’s presence across the Southern African region. The meeting was highly successful, conducted in a relaxed and cordial atmosphere.
