Safeguarding Human Rights Must Be Integral to the ICC Office of the Prosecutor's Approach to Tech-Enabled Crimes
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Safeguarding Human Rights Must Be Integral to the ICC Office of the Prosecutor's Approach to Tech-Enabled Crimes
"As human rights atrocities around the world unfold in the digital age, genocide, war crimes and crimes against humanity are as heinous and wrongful as they were before the advent of AI and social media.But criminal methods and evidence increasingly involve technology. Think mass digital surveillance of an ethnic or religious community used to persecute them as part of a widespread or systematic attack against civilians, or cyberattacks that disable hospitals or other essential services, causing injury or death."
"The office released for public comment in March 2025 a draft of its proposed policy for how it plans to go about it.We welcome the OTP draft and urge the OTP to ensure its approach is consistent with internationally recognized human rights, including the rights to free expression, to privacy (with encryption as a vital safeguard), and to fair trial and due process."
The ICC Office of the Prosecutor intends to investigate and prosecute cyber-enabled genocide, war crimes, and crimes against humanity under the Rome Statute. Digital tools increasingly enable persecution through mass surveillance of ethnic or religious communities and through cyberattacks that disable hospitals and essential services, causing injury and death. EFF and Derechos Digitales submitted comments urging the OTP to align its policy with internationally recognized human rights. Human rights safeguards should include free expression, privacy and encryption protections, and fair trial and due process. Such safeguards protect survivors, prevent investigative overreach, and help ensure admissible, reliable evidence.
Read at Electronic Frontier Foundation
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