Volume 102 Number 913 Humanitarian debate: Law, policy, action Digital technologies and war Editorial Team Editor-in-Chief: Bruno Demeyere International Thematic Editor: Saman Rejali Editorial Team: Sai Venkatesh and Review_ Ash Stanley-Ryan of the Red Cross Book review editor: Jamie A. Williamson Special thanks: Neil Davison, Laurent Gisel, Netta Goussac, Massimo Marrelli, Aim and scope Ellen Policinski, Mark David Silverman, Established in 1869, the International Review of the Red Delphine van Solinge Cross is a peer-reviewed journal published by the ICRC and Cambridge University Press. Its aim is to promote reflection on International Review of the Red Cross humanitarian law, policy and action in armed conflict and 19, Avenue de la Paix, CH 1202 Geneva other situations of collective armed violence. A specialized CH - 1202 Geneva journal in humanitarian law, it endeavours to promote t +41 22 734 60 01 knowledge, critical analysis and development of the law, and e-mail: [email protected] contribute to the prevention of violations of rules protecting fundamental rights and values. The Review offers a forum for discussion on contemporary humanitarian action as well Editorial Board as analysis of the causes and characteristics of conflicts so Annette Becker Université de Paris-Ouest Nanterre La as to give a clearer insight into the humanitarian problems Défense, France they generate. Finally, the Review informs its readership on questions pertaining to the International Red Cross and Red Françoise Bouchet-Saulnier Médecins sans Frontières, France Crescent Movement and in particular on the activities and policies of the ICRC. Emiliano Buis University of Buenos Aires, Argentina Hilary Charlesworth Melbourne Law School, Australia Sarah Cleveland International Committee of the Red Cross Columbia Law School, US The International Committee of the Red Cross (ICRC) Adama Dieng is an impartial, neutral and independent organization UN Secretary-General’s Special Adviser for the Prevention of Genocide, Senegal whose exclusively humanitarian mission is to protect the lives and dignity of victims of war and other situations of Emanuela-Chiara Gillard Institute for Ethics, Law and Armed violence and to provide them with assistance. It directs Conflict (ELAC), University of Oxford, UK and coordinates the international activities conducted Fyodor Lukyanov by the International Red Cross and Red Crescent Russia in Global Affairs Journal; Council Movement in armed conflict and other situations of on Foreign and Defense Policy, Russia violence. It also endeavours to prevent suffering by pro- Tasneem Meenai moting and strengthening international humanitarian Jamia Millia Islamia, India law and universal humanitarian principles. Established Sorcha O’Callaghan in 1863, the ICRC is at the origin of the Movement. Humanitarian Policy Group, ODI, UK Emre Öktem Members of the Committee Galatasaray University, Turkey President: Peter Maurer Marco Sassòli, Vice-President: Gilles Carbonnier University of Geneva, Switzerland Michael N. Schmitt Mauro Arrigoni Jürg Kesselring University of Reading, UK Hugo Bänziger Thierry Lombard Sun Shiyan Edouard Bugnion Laura Sadis Chinese Academy of Social Sciences Jacques Chapuis Doris Schopper (CASS), China Melchior de Muralt Béatrice Speiser Andrew Thompson Christoph Franz Bruno Staffelbach University of Oxford, UK Katja Gentinetta Heidi Tagliavini Cover Photo: In eastern Ghouta rubble, a Maya Hertig Randall Barbara Wildhaber father looks for his son. Credit: REUTERS/ Alexis Keller Bassam Khabieh CONTENTS: Volume 102 Number 913 Digital technologies and war 1 Editorial: The role of digital technologies in humanitarian law, policy and action: Charting a path forward Saman Rejali and Yannick Heiniger Voices and perspectives 23 Testimonies: How humanitarian technologies impact the lives of affected populations “Do no harm”: Humanitarian action in the digital age 27 Q&A: Humanitarian operations, the spread of harmful information and data protection In conversation with Delphine van Solinge and Massimo Marelli, ICRC 43 “Doing no harm” in the digital age: What the digitalization of cash means for humanitarian action Jo Burton 75 Humanitarian aid in the age of COVID-19: A review of big data crisis analytics and the General Data Protection Regulation Theodora Gazi and Alexandros Gazis 95 The struggle against sexual violence in conflict: Investigating the digital turn Kristin Bergtora Sandvik and Kjersti Lohne Business and digital technologies in humanitarian crises 117 Media and compassion after digital war: Why digital media haven’t transformed responses to human suffering in contemporary conflict Andrew Hoskins 145 AI for humanitarian action: Human rights and ethics Michael Pizzi, Mila Romanoff and Tim Engelhardt 181 Freedom of assembly under attack: General and indiscriminate surveillance and interference with internet communications Ilia Siatitsa Articles published by the Review reflect the views of the author alone and not necessarily those of the ICRC or of the Review. Only texts bearing an ICRC signature may be ascribed to the institution. Artificial intelligence, autonomous weapon systems and their governance 199 Biases in machine learning models and big data analytics: The international criminal and humanitarian law implications Nema Milaninia 235 Stepping back from the brink: Why multilateral regulation of autonomy in weapons systems is difficult, yet imperative and feasible Frank Sauer 261 The changing role of multilateral forums in regulating armed conflict in the digital age Amandeep S. Gill Cyber operations and warfare 287 Twenty years on: International humanitarian law and the protection of civilians against the effects of cyber operations during armed conflicts Laurent Gisel, Tilman Rodenhäuser and Knut Dörmann 335 The application of the principle of distinction in the cyber context: A Chinese perspective Zhixiong Huang and Yaohui Ying 367 Hacking humanitarians: Defining the cyber perimeter and developing a cyber security strategy for international humanitarian organizations in digital transformation Massimo Marelli Selected articles 389 The updated ICRC Commentary on the Third Geneva Convention: A new tool to protect prisoners of war in the twenty-first century Jemma Arman, Jean-Marie Henckaerts, Heleen Hiemstra and Kvitoslava Krotiuk 417 The camera and the Red Cross: “Lamentable pictures” and conflict photography bring into focus an international movement, 1855–1865 Sonya de Laat Books and articles 445 Digital Witness: Using Open Source Information for Human Rights Investigation, Documentation, and Accountability Edited by Sam Dubberley, Alexa Koenig, and Daragh Murray Book review by Emma Irving 451 The Persistence of Reciprocity in International Humanitarian Law Bryan Peeler Book review by Matthias Vanhullebusch 457 Librarian’s Pick: Transitional Justice and the “Disappeared” of Northern Ireland: Silence, Memory, and the Construction of the Past Lauren Dempster Book review by Charlotte Mohr Reports and documents 463 ICRC Position Paper: Artificial intelligence and machine learning in armed conflict: A human-centred approach 481 ICRC Position Paper: International humanitarian law and cyber operations during armed conflicts 493 The ICRC Library goes Digital 495 Symposium Report: Digital Risks in Armed Conflicts 495 The Humanitarian Metadata Problem: “Doing No Harm” in the Digital Era 496 Handbook on Data Protection in Humanitarian Action, Second Edition 496 The Potential Human Cost of Cyber Operations 504 Autonomy, Artificial Intelligence and Robotics: Technical Aspects of Human Control 507 Limits on Autonomy in Weapon Systems: Identifying Practical Elements of Human Control International Review of the Red Cross (2020), 102 (913), 1–22. Digital technologies and war doi:10.1017/S1816383121000114 EDITORIAL THE ROLE OF DIGITAL TECHNOLOGIES IN HUMANITARIAN LAW, POLICY AND ACTION: CHARTING A PATH FORWARD Saman Rejali and Yannick Heiniger* Why does “Digital Technologies and War” deserve the thematic focus of an entire issue of the International Review of the Red Cross? Contributors to this issue highlight two overarching reasons. First, digitalization is a priority topic for humanitarian organizations like the International Committee of the Red Cross (ICRC)1 because it is rapidly shaping how humanitarian operations and assistance activities are carried out, impacting how the humanitarian sector is serving affected populations. In this respect, one group of contributors to this issue (with their pieces appearing under the headers “Humanitarian Action in the Digital Age” and “Business and Digital Technologies in Humanitarian Crises”) analyze how the use of digital technologies for delivering humanitarian relief brings forth both unparalleled opportunities and risks. They highlight that some digital technologies, including those which ease communication and service delivery, are vital tools for the humanitarian sector. Those technologies help to ensure that the humanitarian sector brings solutions to crisis contexts and continues to serve affected populations. For example, increased connectivity and digital access can empower affected people in armed conflicts and other situations of violence to connect with others via messaging applications and social media platforms, to find information online and to express their needs via rapid feedback mechanisms, serving as active agents working with humanitarians.2 Furthermore, digitally rooted contextual analyses, crisis mapping, and digitalized services can allow humanitarians