The Arab Framework for AI Governance in the Judicial Sector

Abstract

The Framework was prepared by Judge Hatem Jaafar, President of the Courts of Appeal and Accredited Expert at the Arab Center for Legal and Judicial Research, at the request of the Administration of the Arab Center for Legal and Judicial Research, as part of the Center’s efforts to support responsible digital transformation within Arab judicial systems and to develop guiding tools that enhance the efficiency of justice while upholding constitutional principles and the rule of law.

The Framework consists of eight main chapters comprising thirty-four articles, supported by four practical implementation annexes designed to facilitate the institutional application of the Framework within judicial authorities, as follows:

First: General Provisions and Governance Principles

The Framework establishes the principle of human judicial decision-making as the cornerstone of the use of artificial intelligence in the judiciary. It emphasizes that such technologies are merely tools to assist judges and may not replace them in issuing judgments or making judicial decisions.

It expressly provides for the invalidity of any judicial procedure or decision that is based entirely on an artificial intelligence system without human intervention. It also safeguards the digital rights of litigants, including the right to be informed, the right to an explanation, and the right to object. Furthermore, it upholds the principles of transparency, non-discrimination, accountability, data protection, and the preservation of the digital sovereignty of judicial data.

Second: Risk Classification

The Framework adopts a risk-based approach, classifying the uses of artificial intelligence in the judiciary into four main levels:

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  Unacceptable and prohibited uses, such as fully automated issuance of judgments, emotion analysis, deepfakes, and other applications that affect the core of justice or fundamental rights and freedoms.

  
  


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  High-risk uses, such as applications supporting the assessment of evidence or the preparation of judicial drafts, which are subject to stringent requirements for prior assessment and continuous human oversight.

  
  


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  Limited-risk uses.

  
  


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  Low-risk uses, such as administrative and research tools, subject to the appropriate security and regulatory requirements applicable to each level.

  
  

Third: Technical and Operational Requirements and Institutional Governance

The Framework establishes advanced requirements for managing the lifecycle of artificial intelligence systems, data quality, cybersecurity, auditability, and decision traceability, thereby ensuring transparency and reviewability.

It also recommends establishing specialized structures and committees for AI governance within judicial institutions, as well as implementing precise controls for contracting with system providers. These controls are intended to safeguard judicial data and prevent its use for training commercial models without a legal basis or the approval of the competent authority, while ensuring the rights of judicial authorities to conduct audits and verification in accordance with the applicable contractual provisions and regulations.

Fourth: Regulation of the Use of Generative Artificial Intelligence

The Framework devotes a separate chapter to regulating the use of generative artificial intelligence applications. It prohibits entering pending cases or confidential judicial data into public platforms and requires users to independently verify the accuracy of outputs and references in order to mitigate the risks of inaccurate information and what is known as technical hallucination.

It further emphasizes that legal responsibility for the use of such outputs remains fully human.

Fifth: Capacity Building, Cooperation, and Final Provisions

The Framework emphasizes that the success of digital transformation in the judiciary depends on building the institutional capacities of judges, public prosecutors, and other personnel within the judicial system, strengthening training and professional development programs, and promoting Arab and international cooperation in the fields of research and development and the exchange of expertise.

It also includes indicators for monitoring and performance measurement and recommends conducting a periodic review of the Framework every two years to ensure that it remains aligned with rapidly evolving technological developments.

Supporting Implementation Annexes

To enhance its practical applicability, the Framework includes four principal implementation tools:

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   Algorithmic Impact Assessment (AIA) Model.

   
   


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   Pre-Launch Checklist.

   
   


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   Disclosure and Disclaimer Form for the Use of Generative Artificial Intelligence Applications.

   
   


4. 
   

   Judicial AI Risk Classification Matrix.

   
   

The Arab Center for Legal and Judicial Research affirmed that the Framework represents a strategic step toward developing a balanced Arab model for the governance of artificial intelligence in the judiciary, combining the promotion of innovation and the enhancement of the efficiency of justice, on the one hand, with the preservation of judicial independence, the rule of law, the protection of rights and freedoms, and the safeguarding of the digital sovereignty of Arab States, on the other.

In doing so, the Framework supports the continued development of justice across the Arab world and keeps pace with global technological transformations within a responsible institutional framework.