Social media analysis in counter-terrorism in a gray area under international law
Published: Thursday, Mar 28th 2024, 09:20
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The analysis of social networks in the fight against terrorism can be in a gray area under international law. This is particularly the case if a person becomes the target of a deadly attack on the basis of proven contacts with a terrorist in social networks.
This is the conclusion reached by a team of researchers from the University of Geneva with backgrounds in law and sociology in a study recently published in the "Journal of Conflict and Security Law".
The background to this is that in the war against terrorism it is not always clear who you are dealing with, as the Swiss National Science Foundation (SNSF) writes in a press release on the study on Wednesday. However, international humanitarian law stipulates that this must be known in conflicts - especially when it comes to incapacitating a person.
The law distinguishes between combatants and other persons - and only combatants may be the target of attacks. Certain terrorist groups fulfill these criteria. However, the question of whether and how the membership of individuals in a group can be determined and whether this membership makes the person a "fighting party" is tricky.
Contact with terrorists no evidence
If this question is now clarified on the basis of a social media analysis - for example on the basis of the type of relationship (family, friend, acquaintance) or the frequency of contact with an actual or suspected terrorist - this is not sufficient to incriminate a person, the study finds.
"Even if someone has repeated online contact with a terrorist, this does not necessarily make them a member of the group," co-author Michael Moncrieff is quoted as saying in the press release. If lethal operations are then carried out because of social media analysis, this is particularly problematic. According to the press release, however, armed forces often base their actions at least in part on such analyses.
However, banning social network analysis is not necessary, Moncrieff believes. But "it should not be the central or even the only tool when it comes to such final decisions as physical elimination."
©Keystone/SDA
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