Ethical use of open source intelligence in prosecuting child soldiers

Abstract

International criminal justice has long faced the complex issue of the prosecution of crimes involving the recruitment of child soldiers. While the International Criminal Court (ICC) heavily relies on in-person testimony of former child soldiers, several risks arise from this practice. Some of these risks include psychological and security risks, including re-traumatisation, threats of retaliation, and significant evidentiary challenges. Open-source intelligence (OSINT) has revolutionised human rights investigations by enabling the remote documentation of violations through publicly available digital materials. Despite the increasing use in ICC proceedings, there is currently no child-specific framework that guides the application of OSINT in cases involving child soldiers.

This mini dissertation examines how OSINT can be used ethically when integrated into ICC investigations and prosecutions to safeguard the child soldiers’ rights. The dissertation first analyses the normative and procedural frameworks governing child soldier testimony, highlighting both the practical and ethical dilemmas faced by the Court. It then evaluates the human rights risks and benefits associated with OSINT, including concerns related to privacy, consent, data protection, and the potential for digital exposure and re-traumatisation. Through the case study of ICC jurisprudence, from Lubanga to Ongwen, the dissertation identifies emerging trends in the use of digital evidence. The study concludes by proposing a set of best practices, recommendations for an ethically grounded, child-sensitive OSINT framework capable of strengthening accountability while also upholding the rights of child soldiers.