Merlina Herbach joined the International Centre for Counter-Terrorism, in November 2022, as a Junior Research Fellow for the Rule of Law Responses to Terrorism pillar. She holds a Masters in International Law in from the University in Edinburgh and a Bachelor degree in Political Science from the Ludwig-Maximilians-University Munich.
Merlina has a background in international criminal law. As a Legal Fellow for the Syria Justice and Accountability Centre (SJAC), her work focused on the analysis of Syria-related universal jurisdiction proceedings in Germany and paths to accountability for crimes committed in the Syrian conflict. Exploring interlinkages between international criminal law and the domestic prosecution of foreign terrorist fighters, she has published on ISIS as a Joint Criminal Enterprise (Opinio Juris, September 2021). Merlina previously interned with the Office of the International Co-Prosecutor at the Extraordinary Chambers in the Courts of Cambodia and worked as a Project Assistant for the International Nuremberg Principles Academy.
This perspective critically examines some challenges posed to the rule of law and human rights by states’ use of data-driven learning-based artificial intelligence (AI) systems for identifying individuals presenting a threat to national security.