Cultural and cognitive biases of digital open source investigations

• In Event: Prosecuting atrocities – challenges of collecting, presenting and evaluating evidence in a cross-cultural setting

Abstract

In the modern age of social media and smartphones, Internet is abundant with the digital data related to atrocities, both fake and real. Due to availability of this information non-governmental organizations are often the ones that embark on the task of sifting through the large amounts of data to find truth. However, digital open source investigations themselves pose a lot of challenges, some of which are connected with cultural background. For example, in order to be able to find reliable sources of the information, the investigator has to be familiar with social, political and cultural peculiarities of the relevant parties allegedly participating in the analysed commission of an atrocity, such as armed groups, organizations, military units and others; languages, including slang, relevant to the area or nationality of perpetrators/victims; popular websites, search engines, social media, news reporters, mobile applications; relevant legislation; internet coverage of the area and so on. The language factor is especially important since some colloquial, jargon terms may be unknown to those who speak the language fluently but are not immersed in the context of the situation. Special attention shall be paid to euphemisms used to denote sexual assault and to coded notions and symbols used to incite violence and hatred. All of these issues suggest that the nationals of the states involved in the atrocities fit best to conduct investigations. In this case, however, national sentiment and personal experience might kick in endangering impartiality of the concluding report. This draft will address these and other cognitive problems associated with investigation of violations of international humanitarian and human rights law and will attempt to provide possible solutions and advice.

Author

• Anastasiia Liulina, University of Groningen