On the Applicable Legal Frameworks and Regulatory Gaps: International Humanitarian Law and International Human Rights Law

"Legal regimes governing situations of armed conflict and peace time have traditionally been clearly defined, leaving little to no doubt as to which regime applies to what situation. However, the Militarisation of Tech challenges this tidy distinction. Instead we are seeing the blurring of lines between actors, technologies, and the areas of deployment, financing, export, and regulations of certain technologies. This growing overlap between on the ground and remote, between war and peace, complicates the understanding and application of existing legal frameworks."

"International humanitarian law (IHL) applies in situations of armed conflict. Through treaty and customary law, its aim is to protect individuals who are not, or are no longer, participating in the hostilities. IHL also aims to restrict the means and methods of warfare. It asserts that even wars have rules. International human rights law (IHRL), on the other hand, applies not only to contexts of peace, but to all contexts."

"One of the central challenges posed by the Militarisation of Tech is the increasing reliance of states on companies that develop advanced technologies for civilian uses, which also enables military uses of these tools. Civilian tech firms are often drawn into national security agendas, expected to contribute their expertise under the justification of protecting or advancing state interests. Most of these technologies are data-driven, relying on vast quantities of data to function "efficiently"."

The growing militarisation of technology is eroding the clear separation between legal regimes for armed conflict and peacetime. International humanitarian law applies in armed conflict to protect those not participating in hostilities and to restrict means and methods of warfare. International human rights law applies across contexts and assigns states responsibilities to respect, protect, and fulfill rights of persons under their jurisdiction. States increasingly rely on civilian tech firms and data-driven tools that serve both civilian and military purposes. This overlap raises complex issues for deployment, financing, export, regulation, and the protection of civilian data and human rights.

Read at Privacy International