AJIL Unbound (Jan 2023)

Automating Racialization in International Law

  • Priya S. Gupta

DOI
https://doi.org/10.1017/aju.2023.21
Journal volume & issue
Vol. 117
pp. 156 – 161

Abstract

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From the continuation of colonial power structures in global economic development institutions, to immigration policies that favor applicants from white-majority European countries, to the use of counter-terrorism law to target primarily Muslim people, international law and its domestic analogues reflect and further inscribe racial distinctions and hierarchies. Racialization in international law occurs in the more visible areas of public decision making but also in mundane, administrative practices. In this essay, I argue that digital technologies are at the heart of automating processes of racialization in international law. Digital technological instruments effectively divide the global population, decision by decision, in adherence to the logics of racial hierarchy: they distribute social and material rights and privileges through financial, welfare, and immigration decisions while simultaneously deepening and entrenching state surveillance, policing, and violence.