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The Algorithmic Strait: Morocco’s Border Control and the Erosion of International Law

The protracted legal battle surrounding French journalist Christophe Gleizes, sentenced to seven years in an Algerian prison following his arrest while reporting on border security, represents more than a single case of wrongful detention. It is a symptom of a wider, increasingly automated challenge to international law and due process, particularly in the context of state border controls and the application of national security laws. The situation underscores a burgeoning “algorithmic strait” – a tightening of control exercised not just by physical forces, but by sophisticated data analysis and predictive policing techniques – posing significant risks to freedom of the press, human rights, and the established norms of cross-border diplomacy.

The arrest of Gleizes in May 2024, along with the subsequent sentencing, highlights a dramatic shift in Morocco’s approach to border security, driven by technological advancements and a prioritization of internal security concerns. Prior to 2020, Morocco’s border controls, primarily focused on the Western Sahara conflict and migratory pressures, relied heavily on traditional methods: physical patrols, border checkpoints, and human intelligence. However, in the wake of a series of security incidents – including attacks attributed to separatist groups and, more recently, alleged links to transnational criminal networks – Morocco has invested heavily in deploying advanced surveillance technologies, including drone surveillance, facial recognition software, and data analytics platforms. These systems, primarily sourced from Chinese companies like Hikvision and Dahua, are used to monitor border areas, identify potential threats, and predict movements of individuals deemed to pose a risk.

The core of Gleizes's case revolves around accusations of espionage and illegal border crossing. The Algerian authorities allege that he was using a drone to document the deployment of Moroccan security forces near the disputed territory. They maintain that his activities constituted a violation of Algerian sovereignty and a threat to regional stability. Gleizes, and his legal team, vehemently deny these charges, arguing that he was simply exercising his journalistic profession and that the evidence against him was based on circumstantial evidence and manipulated data. The “algorithmic strait” emerges because the intelligence gathered through these surveillance systems – the identified patterns of movement, the analyzed facial recognition data – effectively bypassed traditional legal processes. Algeria’s appeal, rejecting his defense, demonstrated a reliance on the ‘data’ and a lack of engagement with the fundamental principles of journalistic freedom and presumption of innocence.

Historical context reveals a deepening tension between Morocco's assertions of sovereignty in the disputed Western Sahara region and France's ongoing diplomatic and economic ties. The 1975, following Morocco's recovery of the territory from France, solidified this dynamic, and subsequent events, including the ongoing Polisario Front insurgency and Moroccan claims of French complicity, have repeatedly fueled suspicion and mistrust. The application of these technologies now serves not just as a response to tangible security threats, but also as a means of reinforcing Morocco’s position on the Western Sahara issue, signaling an assertive stance to international actors.

Key stakeholders include Morocco, France, Algeria, China (via technology providers), and international organizations like the Committee to Protect Journalists (CPJ) and Reporters Without Borders (RSF). Morocco’s primary motivation is to maintain control over its southern border and project an image of national security. France, while committed to press freedom, faces the challenge of protecting its citizen and upholding diplomatic relations with a key strategic partner. Algeria’s priorities center on safeguarding its borders and regional stability, viewing the situation as a potential escalation of tensions. China benefits from the growing demand for surveillance technology globally. The CPJ and RSF are advocating for Gleizes’s release and exposing concerns over the use of surveillance technology to suppress press freedom.

According to a recent report by the Chatham House, “the proliferation of sophisticated surveillance technologies, coupled with a lack of transparency and accountability, presents a significant risk of ‘function creep’ – the gradual expansion of surveillance powers beyond their original intended purpose.” Dr. Amal Fahim, a specialist in digital security and human rights at SOAS University, stated, “These systems are inherently prone to bias and inaccuracy. The reliance on algorithmic predictions can lead to false positives, resulting in the unjust detention or harassment of innocent individuals.” Furthermore, a briefing from Amnesty International highlighted the “urgent need for robust legal frameworks governing the use of surveillance technologies, including safeguards against bias, independent oversight, and access to redress for individuals affected by algorithmic errors."

Recent developments over the past six months have seen continued diplomatic efforts by France to secure Gleizes’s release, coupled with a renewed focus by Algeria on bolstering its border security infrastructure. The Algerian government has announced further investment in drone technology and data analytics, signaling a determination to maintain a strong surveillance presence. There have also been increased reports of similar surveillance practices in other North African countries, raising concerns about a wider trend. The legal appeal, while unsuccessful, has spurred debate within the European Parliament concerning the implications of Chinese surveillance technology and the potential for similar cases to arise.

Looking forward, the short-term impact will likely remain focused on Gleizes’s continued detention and the potential for further diplomatic pressure from France. However, the long-term implications are considerably more concerning. Within 5-10 years, we could see a global normalization of algorithmic border controls, with more countries adopting similar technologies and prioritizing data-driven security over traditional legal processes. This could lead to a significant erosion of freedom of the press, human rights, and the very notion of due process. The increasing use of predictive policing could create a self-fulfilling prophecy, reinforcing existing biases and further marginalizing vulnerable communities.

The case of Christophe Gleizes represents a critical juncture in the ongoing struggle between security and freedom. It is a stark reminder that technological advancements, while offering potential benefits, can also be wielded to suppress dissent and erode fundamental rights. The debate surrounding Gleizes’s case underscores a fundamental question: Can we, as a global community, ensure that technological progress serves to enhance human freedom, rather than constrict it? Let the complexities and contradictions of this situation continue to be actively discussed and interrogated.

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