Australian Human Rights Commission Protecting Human Rights from Military Technologies, 30 November 2023 35. Facial recognition technologies (FRT) utilise AI and pattern recognition, and are often unreliable. Several FRT products have already been found to perform better for those with light skinned and masculine appearances, while failing to recognise feminine appearances, people of colour or people with disability. 23 36. Several NTMD already utilise FRT which may result in the wrong people being targeted – disproportionately impacting marginalised people. This issue is compounded when NTMD are deployed in policing in areas where vulnerable, and at risk, groups live. 5.6 Universality and inalienability 37. Human rights are universal. They are not provided by any State and are inherent to all – regardless of personal characteristic or circumstance. Universality is the cornerstone of international human rights law. This is a principle which was introduced under the Universal Declaration of Human Rights (UDHR) in 1948 and has been recognised across human rights conventions, declarations and resolutions.24 38. Human rights are also inalienable and cannot be taken away, except in specific situations and according to due process.25 As noted throughout this submission, it is often difficult for NTMD to adhere to international human rights and humanitarian law or for it to apply to due process. 39. It is likely that NTMD, especially those utilising AI, will challenge principles of universality and inalienability. These are two principles which must remain at the forefront of all human rights discussions of NTMD. 5.7 Accountability 40. Access to justice and reparations are well established principles in international law.26 41. A Nuremberg Tribunal judgment has previously stated ’crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes, can the provisions of international law be enforced’.27 42. Ensuring a framework of accountability to ensure perpetrators are held responsible, and victims’ rights are upheld, is crucial to rule of law and to ensure deterrence. However due to issues explored below, accountability is challenged by the use of LAWS. 8