Artificial Intelligence, Counter-Terrorism and the Rule of Law

Arianna Vedaschi and

Chiara Graziani

Q1: Tell us a little bit about the book

Our book examines how artificial intelligence (AI) has been reshaping the landscape of national security — both as a tool exploited by terrorist groups and as a powerful asset in counter-terrorism. We delve into the challenging legal issues that arise when AI is deployed in this high-stakes domain, and we explore the pressing need for human rights–oriented regulatory frameworks.

Adopting a comparative perspective, we analyze how various Western democracies are addressing these challenges, balancing national security concerns with the protection of human rights. Throughout, we claim for a legal approach that is both principled and effective — one that ensures advanced technologies are transparently, so responsibly, used.

For its interdisciplinary method, the book is primarily intended for scholars and students of comparative law, constitutional and administrative law, and security studies. However, it is also suitable for legal practitioners, policymakers, and human rights advocates. To make the content as accessible and useful as possible, we included practical case studies, real-world examples, and visual aids such as diagrams and tables that distill key ideas and legal concepts.

Q2: What inspired you to take up this project? (This might be an issue in the wider world, a teacher, the work of a particular author, an encounter with legal issues in practice, etc.)

The research project is the result of several years of studies on law, technology and security. Through our involvement in various academic projects and initiatives on the topic, we consistently encountered issues about how artificial intelligence is being used in national security and counter-terrorism. While there is a wide body of literature on AI, and a well-established field of security studies, there are only few works that explored the legal and human rights implications of using AI specifically in the context of national security and, particularly, counter-terrorism.

Given this gap — and the urgency of the issues involved — we felt there was a real need for a focused, interdisciplinary analysis that could bring legal, comparative, and policy perspectives into the debate. This is what inspired us to write this book.

Q3: Whose work was influential on you throughout the project?

Rather than highlighting individual authors, we prefer to acknowledge the broad and diverse range of scholarship that informed our work. The field is rich and interdisciplinary, and drawing attention to just a few names would risk to exclude many others whose contributions are equally important. Foundational work in constitutional and administrative law helped us frame the legal dimensions of national security governance, while studies in security and intelligence offered essential insights into how counter-terrorism operates. At the same time, emerging research on the ethical and regulatory aspects of AI — especially from a human rights perspective — was critical in shaping our understanding of the challenges ahead.

We also drew inspiration from comparative law methodologies that allowed us to analyze different legal systems in a structured and meaningful way. This interdisciplinary blend of legal theory, policy analysis, and technological understanding greatly shaped the direction and depth of the book.

Q4: What challenges did you face in writing the book? (Perhaps challenges of method, philosophy, law, or just of life.)

One of the main challenges we faced was the inherently interdisciplinary nature of the project. Writing about the intersection of artificial intelligence, law, and national security required us to navigate various fields, from constitutional and international law to computer science and security studies. Bridging these areas in a coherent and accessible way was both intellectually demanding and methodologically complex.

Another significant challenge is that some data was not publicly available. Because many aspects of national security and counter-terrorism remain classified or sensitive, gathering detailed, reliable information — especially regarding how AI is actually being used in practice — was not always straightforward.

We also encountered challenges in organizing and synthesizing a large amount of material. Comparing different legal systems and policy approaches, particularly between the European Union and the United States, required careful calibration. While these jurisdictions are comparable through the lens of traditional comparative law, they nonetheless differ in their legal cultures, institutional frameworks, and approaches to technology, human rights and security, all of which had to be thoughtfully considered and integrated into our analysis.

These challenges ultimately enriched the book, pushing us to provide deeper insights and produce a more in-depth and well-rounded study.

Q5: What do you hope to see as the book’s contribution to academic discourse and constitutional or public law more broadly?

We hope the book contributes to academic and legal discourse by encouraging a more detailed, substantive, and rights-conscious approach to the regulation of AI in national security and counter-terrorism. Too often, core principles such as transparency, accountability, and legality are acknowledged only in a formal or abstract way. Our aim is to push the conversation toward concrete applications — showing how these principles must be operationalized within specific legal and institutional contexts when AI is deployed for counter-terrorism and national security purposes.

We also highlight the stark differences in regulatory approaches among major global actors: even among Western democracies like the United States and the European Union, there are significant divergences in how AI is governed in the security domain. These differences become even more pronounced when considering authoritarian models, such as China’s. We hope the book helps shed light on these contrasts and their implications for international legal and policy coherence.

Finally, we aim to contribute to the ongoing discussion about the evolving relationship between the public and private sectors and actors. When technology is involved — especially technologies as powerful and opaque as AI — this relationship becomes not only inevitable, but also highly sensitive. Our book explores how public-private collaboration in national security contexts can and should be structured to ensure democratic accountability and the protection of human rights and personal freedoms.

Q6: What’s next?

We plan to continue our research in this fast-evolving field, as both technological developments and legal frameworks are advancing rapidly. The implementation of new regulations — such as the EU AI Act — will provide valuable opportunities to study how legal norms are applied in practice, particularly in sensitive areas like national security.

One area we intend to explore more deeply is the public–private relationship. As private actors play an increasingly central role in developing and deploying AI technologies, understanding how to structure this relationship in ways that ensure transparency, accountability, and democratic oversight will be essential.

We also recognize the growing importance of the geopolitical dimension. The regulatory choices made by different global actors will shape not only domestic practices but also international standards. Our future work will reflect on these developments and aim to contribute to a more coordinated and rights-respecting global approach to AI and national security.