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Integration of Human Rights into the ICC Prosecutor’s Approach to Technological Crimes

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In a global context where human rights atrocities continue to be an alarming reality, the International Criminal Court (ICC) has decided to take a step forward by focusing on crimes facilitated by technology. According to the 1989 Rome Statute, the ICC plans to investigate and prosecute crimes of genocide, war crimes, and crimes against humanity that have been amplified by digital advancements, such as social media and artificial intelligence.

Recently, the Office of the Prosecutor (OTP) of the ICC released a draft of its policy proposal on how to conduct these investigations, which is open for public comment. This approach has received support from digital rights experts, including members of the Electronic Frontier Foundation (EFF) and the organization Derechos Digitales. These experts have urged the OTP to strictly respect internationally recognized human rights, emphasizing the importance of freedom of expression, privacy, and the right to a fair trial.

The term “technology-enabled crimes,” as defined by the OTP, encompasses rights violations that occur with the support of digital means. This includes online criminal activities, such as cyberattacks on hospitals, as well as more indirect activities where technology facilitates the perpetration of crimes. Digital surveillance, for example, can be a tool for locating and targeting protected groups.

The OTP has also expressed its intention to utilize all its investigative capabilities under the Rome Statute. This will require solid cooperation between national authorities and private entities, as well as a commitment to international human rights standards to prevent these investigations from being intrusive. It is acknowledged that the use of digital technologies can collect data from individuals unrelated to the targets, which increases the need for accountability in the collection and handling of information.

Furthermore, even if a crime does not occur in the digital environment, online activities can provide critical evidence that clarifies intentions or context in cases of abuse. Therefore, it is essential for prosecutions to respect human rights standards, as these freedoms are crucial for activists and citizens to document and evidence violations.

This innovative approach by the ICC represents a significant effort to adapt to the complexity of modern crime in the digital age, underscoring the urgency of balancing justice with the protection of fundamental rights. Future releases will provide a more detailed analysis of the positive aspects of the draft and propose improvements for its implementation.

Referrer: MiMub in Spanish

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