Jovana Davidovic

In recent years, the ethical impact of AI has been increasingly scrutinized, with public scandals emerging over biased outcomes, lack of transparency, and the misuse of data. This has led to a growing mistrust of AI and increased calls for mandated ethical audits of algorithms. Current proposals for ethical assessment of algorithms are either too high level to be put into practice without further guidance, or they focus on very specific and technical notions of fairness or transparency that do not consider multiple stakeholders or the broader social context. In this article, we present an auditing framework to guide the ethical assessment of an algorithm. The audit instrument itself is comprised of three elements: a list of possible interests of stakeholders affected by the algorithm, an assessment of metrics that describe key ethically salient features of the algorithm, and a relevancy matrix that connects the assessed metrics to stakeholder interests. The proposed audit instrument yields an ethical evaluation of an algorithm that could be used by regulators and others interested in doing due diligence, while paying careful attention to the complex societal context within which the algorithm is deployed.

In this paper, we distinguish between different sorts of assessments of algorithmic systems, describe our process of assessing such systems for ethical risk, and share some key challenges and lessons for future algorithm assessments and audits. Given the distinctive nature and function of a third-party audit, and the uncertain and shifting regulatory landscape, we suggest that second-party assessments are currently the primary mechanisms for analyzing the social impacts of systems that incorporate artificial intelligence. We then discuss two kinds of as-sessments: an ethical risk assessment and a narrower, technical algo-rithmic bias assessment. We explain how the two assessments depend on each other, highlight the importance of situating the algorithm within its particular socio-technical context, and discuss a number of lessons and challenges for algorithm assessments and, potentially, for algorithm audits. The discussion builds on our team’s experience of advising and conducting ethical risk assessments for clients across dif-ferent industries in the last four years. Our main goal is to reflect on the key factors that are potentially ethically relevant in the use of algo-rithms, and draw lessons for the nascent algorithm assessment and audit industry, in the hope of helping all parties minimize the risk of harm from their use.

In this paper, I suggest that for some proposed solutions to global justice problems, incompatibility with the necessary features of international law is a reason to reject them. I illustrate this by discussing the problem raised by the case of unjust combatants, that is, combatants lacking a just cause for war. I argue that the principle of inequality of combatants, which suggests that we ought to prohibit those without a just cause for war from fighting, is not only a bad international legal principle, but also a bad principle of global justice.

I argue here that certain species of war, namely humanitarian military interventions (HMIs), can be obligatory within particular contexts. Specifically, I look at the notion of HMIs through the lens of just war theory and argue that when a minimal account of jus ad bellum implies that an intervention is permissible, it also implies that it is obligatory. I begin by clarifying the jus ad bellum conditions (such as just cause, right intentions, etc.) under which an intervention is permissible. I then turn to the claim that permissibility necessitates obligation, by first showing that whenever an intervention is permissible, it is also minimally decent. Second, I show that minimally decent actions are morally obligatory by arguing that the notion of minimal decency is a conceptual bridge between negative and positive duties. Third, I argue that performing minimally decent actions is necessary for a state to be just. Ultimately, my conclusion arises from the following observation: if a humanitarian crisis is bad enough for one to hold that it is permissible to breach sovereignty of a nation, then it is bad enough to hold that there is an obligation to intervene.

An increasing number of regulations propose the notion of ‘AI audits’ as an enforcement mechanism for achieving transparency and accountability for artificial intelligence (AI) systems. Despite some converging norms around various forms of AI auditing, auditing for the purpose of compliance and assurance currently have little to no agreed upon practices, procedures, taxonomies, and standards. We propose the ‘criterion audit’ as an operationalizable compliance and assurance external audit framework. We model elements of this approach after financial auditing practices, and argue that AI audits should similarly provide assurance to their stakeholders about AI organizations’ ability to govern their algorithms in ways that mitigate harms and uphold human values. We discuss the necessary conditions for the criterion audit, and provide a procedural blueprint for performing an audit engagement in practice. We illustrate how this framework can be adapted to current regulations by deriving the criteria on which ‘bias audits’ for hiring algorithms can be performed, as required by the recently effective New York City Local Law 144 of 2021. We conclude by offering critical discussion on the benefits, inherent limitations, and implementation challenges of applying practices of the more mature financial auditing industry to AI auditing where robust guardrails against quality assurance issues are only starting to emerge. Our discussion as informed by experiences in performing these audits in practice highlights the critical role that an audit ecosystem plays in ensuring the effectiveness of such methodology.

In this paper I focus on duties we owe refugees from conflict zones. I argue that it is important to distinguish between two types of duties one might have with respect to refugees from conflict zones. Belligerents from wars that resulted in excess numbers of refugees, I argue, have a stringent duty to remedy past harms and provide for resulting refugees. Other states have a duty to aid which is context-dependent and can be in some cases as stringent as the duty to remedy past harms. I argue that making a distinction between the grounds and types of duties different actors have with respect to refugees from conflict zones has significant consequences both for just war theory, but also for practical questions about how best to discharge our duties to refugees from conflict zones.

War has changed so much that it barely resembles the paradigmatic cases of armed conflict that just war theories and international humanitarian law seemed to have had in mind even a few decades ago. The changing character of war includes not only the use of new technology such as drones, but probably more problematically the changing temporal and spatial scope of war and the changing character of actors in war. These changes give rise to worries about what counts as war and thus what norms to use in evaluating a particular conflict. In this paper, I develop an argument that the changing character of war gives us reasons to take reductionist revisions of just war theory seriously. By reductionist theories of war I mean those revisions within the just war tradition that suggest that we can use ordinary peacetime interpersonal analyses of moral responsibility and liability to harm to decide what justice requires in times of war.

Post-conflict criminal prosecutions for the worst of crimes can play a meaningful role in achieving transitional justice. This once-common view has recently been the subject of widespread criticism that is rooted in the belief that criminal prosecutions undermine reconciliation. This has lead some scholars to argue that we must either abandon criminal prosecutions post-conflict or that we ought to use them for more general transitional justice aims, like restorative justice. This article argues against abandoning criminal prosecutions post conflict and against subsuming criminal justice aims under restorative or reconciliatory aims. When post-conflict criminal prosecutions are properly structured and practiced they can bolster respect for the international, regional and domestic rule of law and in that way limit conflict in a number of important ways

Meaningful human control over AI is exalted as a key tool for assuring safety, dignity, and responsibility for AI and automated decision-systems. It is a central topic especially in fields that deal with the use of AI for decisions that could cause significant harm, like AI-enabled weapons systems. This paper argues that discussions regarding meaningful human control commonly fail to identify the purpose behind the call for meaningful human control and that stating that purpose is a necessary step in deciding how best to institutionalize meaningful human control over AI. The paper identifies 5 common purposes for human control and sketches how different purpose translate into different institutional design.

Traditionally, in deciding whether some strategy or action in war is proportionate and necessary and thus permissible both international law and just war theory focus exclusively on civilian deaths and the destruction of civilian infrastructure. I argue in this paper that any argument that can explain why we should care about collateral killing and damage to infrastructure can also explain why collateral displacement matters. I argue that displacement is a foreseeable near-proximate cause of lethal harm to civilians and is relevant for proportionality and necessity calculi. Accepting my argument has significant consequences for what we are permitted to do in war and for what obligations we have towards refugees that result from our actions in war.

Once commonly held, the claim that international prosecutions have a valuable role to play in transitional processes has in recent years come under attack. This attack has generally been grounded in the assertion that inter-national criminal prosecutions undermine reconciliation.I believe that the international criminal prosecutions in general and the International Criminal Court (ICC) in particular can play a meaningful role in sustaining peace and making transitional periods smoother and faster. However, the role the ICC can play in the transitional processes is undermined by attempts to muddle the criminal process with reconciliatory and restorative aims . This muddling leads to problems not only in the way the ICC is understood and the way the Rome

Commonly the military stays out of politics, and for good reason. Federal law regulates political activity for active duty military rather strictly because the consequences of having a military that is partisan can be devastating, as history has shown us repeatedly. In this paper, I argue that the current rules of political neutrality are too broad and that there are times when our military leaders ought to engage in political debate so as to serve the same aims that justify having strict political neutrality rules in the first place: namely building civilian-military trust, and promoting troop cohesion and morale.

Davidovic asks what gives the international community the authority to punish some crimes? On one prominent view some crimes (genome, torture) are so heinous that the international community, so long as its procedures are fair, is justified in prosecuting them. Another view contends that heinousness alone is not enough to justify international prosecution: what is needed is an account of why the international community, in particular, has standing to hold the perpetrators to account. Davidovic raises concerns about both of these views and then defends her own account. On her view, the heinousness of the crimes is relevant, but what makes these crimes the business of the international community is that the community in fact recognizes certain norms against especially heinous crimes. If the international community fails to prosecute and punish those who perpetrate these crimes, this impunity undermines the rule of law, and thereby hinders the maintenance of peace the the protection of human rights.