New Technologies in International Law / Tymofeyeva, Crhák et al.

7.2 I mpact of N ew T echnologies U sed and D eveloped by the S tate of I srael on H uman R ights

By Veronika D’Evereux (Charles University and CEVRO Institute)

Introduction The presence of new technologies based on artificial intelligence (AI) is a reality that influences lives of individuals in various ways. It can be assumed that the use of these technologies will continue to expand, with an increasing number of people using them, and new programs, machines, or devices based on them will be developed. However, the use of these technologies has an impact on the realm of human rights protection. Some technologies might have positive impact and might be beneficial for the development and implementation of human rights, especially the rights relevant to the quality of human life. But it may also lead to their violation. The aim of this paper is to examine the technologies developed and used in the State of Israel in the context of the laws of human rights. There were formulated two research questions. Whether and what human rights could be possibly violated by these AI systems? How should these technologies be used, so they do not interfere with the existing laws of human rights? The structure of this paper corresponds with this aim. The first chapter briefly explains the current stage of the problematics of missing universal legally binding rules for use of the artificial intelligence, which would also reflect the protection of the human rights. The second chapter summarises the AI technologies and systems operating on the basis of AI which are developed and used in Israel, and it explains in what areas these technologies can be used. The third chapter is focused on the potential positive as well as negative impact of the examined technologies on human rights. The research questions are answered in the conclusion of this paper. 1. Legal definition of artificial intelligence, the lack of universal binding rules for its use and the risk of the human rights infringement due to the use of new technologies The protection of human rights under international law applies to individuals regardless of their nationality, both in times of peace, and during armed conflicts. This legal framework is stipulated in international customary law, with some of these human rights rules having the nature of peremptory norms ( jus cogens ). It is also present in multiple universal and regional international treaties. 824 Unlike the existing rules for the protection of human rights, universally valid legally binding rules for the use of artificial intelligence and related new technologies have not yet been established.

824 Šturma P, Čepelka Č, Mezinárodní právo veřejné, 2. vydání [Public International Law, 2nd edition] (C. H. Beck, 2018), p. 260.

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