Syria Watch

Syria Justice and Accountability Centre: The Responsibility of Technology Companies in the Age of Digital Human Rights Documentation

SJAC Update | September 7, 2017
A YouTube notice that a video is unavailable.

The Responsibility of Technology Companies in the Age of Digital Human Rights Documentation

Over the past few weeks, the video streaming website YouTube has removed thousands of videos and numerous channels of organizations and individuals documenting atrocities from the Syrian conflict. Although some channels and videos were restored following complaints, many significant videos are still missing. The purge is part of a Google effort to implement machine learning technology that automates the removal of videos that purportedly violate YouTube’s Community Standards. While the automated removal system has significantly decreased the number of videos that promote violence, an unintended consequence has been the loss of evidence for current and future accountability efforts in Syria. With today’s technology, social media companies can and should accommodate human rights in their systems and policies.

YouTube has not always been equated with human rights documentation. Traditionally, human rights groups used pen and paper to record testimonies from victims and witnesses in order to pursue accountability or promote justice and rights norms. Even today, interviews remain essential to this effort, but digital tools have expanded our ability to document atrocities, and to do so in real time. Now anyone with a smartphone is able to upload a video online and contribute to human rights initiatives. Social media content, however, has had its skeptics. Many prosecutors and courts have been hesitant to forego their traditional conceptualization of chain of custody and authentication in favor of open source research and case building. However, the International Criminal Court (ICC) recently issued a warrant for the arrest of Mahmoud Al-Werfalli, a Libyan militia commander who has been accused of committing dozens of murders in the Benghazi area, on the basis of seven social media videos, including one from Facebook. While the ICC is certainly not the first court to rely heavily on social media, this decision marks a momentous turning point for international justice.

The proliferation of social media has no doubt led to a watershed moment. Syria, in particular, has become a testing ground for social media documentation because of the unprecedented volume of videos recorded and uploaded by activists and citizen journalists to platforms such as Facebook and YouTube to publicize atrocities that in the past would go unreported.  YouTube often retains the only version of a video available, making its removal that much more consequential.

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The Syria Justice and Accountability Centre (SJAC) is a Syrian-led and multilaterally supported nonprofit that envisions a Syria where people live in a state defined by justice, respect for human rights, and rule of law. SJAC collects, analyzes, and preserves human rights law violations by all parties in the conflict — creating a central repository to strengthen accountability and support transitional justice and peace-building efforts. SJAC also conducts research to better understand Syrian opinions and perspectives, provides expertise and resources, conducts awareness-raising activities, and contributes to the development of locally appropriate transitional justice and accountability mechanisms. Contact us at info@syriaaccountability.org.

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The Daily Orange: Former international prosecutor weighs in on YouTube deleting thousands of videos documenting Syrian Civil War

Former international prosecutor weighs in on YouTube deleting thousands of videos documenting Syrian Civil War

David Crane, a former international prosecutor, thinks YouTube allowing the videos to remain on the site will help prosecutors catalog data on war crimes.

Daily Orange File Photo

David Crane, a former international prosecutor, thinks YouTube allowing the videos to remain on the site will help prosecutors catalog data on war crimes.

In an attempt to rid extremist propaganda from its website, the Google-owned platform YouTube has removed thousands of videos documenting human atrocities occurring in the Middle East, according to CNN.

This past June, YouTube announced the transfer from workers monitoring its content to an advanced algorithm that identifies videos containing violent extremism and terrorism. The new technology has inadvertently deleted thousands of videos. Any content stemming from Syria, or various other conflict zones, are at a high risk of being deleted, according to The New York Times.

The Daily Orange spoke with David Crane, professor of practice at the Syracuse University College of Law, to discuss the implications of deleting such videos. Crane is a former chief prosecutor of the Special Court for Sierra Leone and founder of the Syrian Accountability Project.

The Daily Orange: To start off, can you talk about what kind of human atrocities are occurring in places like Syria?

David Crane: The conflict in Syria has been going on since March of 2011. It has consumed the lives of over half a million human beings, it has moved out of the country over 10 million human beings and it amounts to many international crimes — what we would call war crimes — and crimes against humanity being perpetrated by all sides.

The D.O.: What role do social media platforms, like YouTube, have in modern warfare?

D.C.: Well, it’s interesting. It’s a fascinating scenario. When I was the chief prosecutor of the International War Crimes Tribunal in West Africa, we went and found the information out the old-fashioned way. There was no such thing — even as late as 2005 — as social media.

All of these social media outlets have really affected the investigation of war crimes, crimes against humanity and genocide throughout the world in both a positive and a negative way. YouTube is just one of the social media (platforms) that collects, records and puts out on social media information related to war crimes … It’s a new challenge for international prosecutors like myself, as what to do with all of this information. Most of which is not useable in the court of law. So, that’s in a general sense my point.

The D.O.: Recently, YouTube changed its policy from workers manually taking down videos to an advanced algorithm that does it for them. This occurred in June, and since then thousands of videos documenting humanitarian crises have been deleted. What do you think are the immediate implications of removing such videos?

D.C.: What ends up happening is, instead of the consumer deciding whether to look at (the video) or not, we now have an arbitrary decision made by an algorithm that keeps it from the consumer, whether that be someone just interested in Syria, an investigator or a nongovernmental organization using that information for consideration for action.

The arbitrariness of it bothers me. I think it should be left to the consumer and the user of the data versus an algorithm. What ends up happening is that we don’t know what we don’t know.

Someone takes a video of an atrocity taking place in northern Iraq, Kurdistan or something in South Sudan or in Syria … a lot of times YouTube is very useful. You may hear of an incident and go on YouTube and actually see the incident itself, which confirms just in a general way that the incident took place. But, you know, sometimes we don’t even know if something took place now.

The D.O.: One way that YouTube has dealt with the backlash of removing videos is by reinstating them but with an 18-year-old age restriction. Do you think that this suffices? Or, do you think that there are negative implications of creating this image of an “adult-only” war?

D.C.: I’d rather have it the way they have compromised rather than completely shutting it off. It is gruesome. It is difficult. I don’t have a problem with an age restriction based on the content. I’m willing to have that compromise if it allows us to then have the adult consumer have the ability to observe and use this data.

The D.O.: What are the long-term effects of deleting so many of these videos?

D.C.: Well, then we don’t have them. And so we have potential corroborative information that could be of use to those who are cataloging, archiving or investigating war crimes taking place, wherever that may be around the world.

The National: Syria war crimes prosecutor vows justice for atrocities

Syria war crimes prosecutor vows justice for atrocities

Secretary-General Antonio Guterres appointed a French judge after UN General Assembly took rare action

French Catherine Marchi-Uhel, newly appointed head of the International, Impartial and Independent Mechanism, IIIM, on Syria crimes, talks to the media during a press conference at the European headquarters of the United Nations in Geneva, Switzerland
French Catherine Marchi-Uhel, newly appointed head of the International, Impartial and Independent Mechanism, IIIM, on Syria crimes, talks to the media during a press conference at the European headquarters of the United Nations in Geneva, Switzerland

War crimes prosecutors have set to work to establish cases against those accused of some of Syria’s worst atrocities, Catherine Marchi-Uhel, the judge who will run the unit, has revealed.

The International, Impartial and Independent Mechanism was created on the orders of the United Nation General Assembly. Mrs Marchi-Uhel, who was appointed to head the body last July by UN Secretary-General Antonio Guterres, has served as an international judge in Kosovo, Cambodia and at the war crimes court for the former Yugoslavia.

“It is tasked with collecting, consolidating, preserving and analysing information and evidence,” she said of the body. “On the other hand, with preparing files in order to facilitate and expedite fair and independent criminal proceedings, in accordance with international law standards, in national, regional or international courts or tribunals.”

Speaking in Geneva, she said the creation of the mechanism would promote prosecutions of the  most serious violations in Syria. Its mandate was to  “avoid perpetrators enjoying  impunity”.

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Veteran prosecutor Carla Del Ponte quits Syria inquiry panel

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The team of some 50 people includes lawyers, analysts and computer specialists, some of whom will have to be Arabic speakers to study and analyse all the information collected about the crimes committed in Syria.

“We are talking about crimes against humanity, war crimes, attacks on schools or hospitals, summary executions, violence against women or children,” she said.

She said experience shows that when a prosecutor or an examining magistrate begins to gather evidence in a file, there is an “effect” on the situation.

Mrs Marchi-Uhel promised to work closely with the UN Commission of Inquiry on Syria. It publishes a report on its findings every six months and has concluded that all the warring parties have used torture, arbitrary executions or other atrocities.

The UN General Assembly in December set up the international panel to help collect evidence to be used in future cases of war crimes prosecution in a vote of all members in December.

The deaths of more than 320,000 people in Syria have been examined by the UN Commission of Inquiry that has documented cases of torture, summary killings and other atrocities by all sides in the conflict.

The French national previously worked as the ombudsman for a Security Council committee that deals with the Islamic State group and Al-Qaeda.

The Swiss judge Carla Del Ponte quit the commission in July, decrying the lack of political backing for its work. “We are powerless, there is no justice for Syria,” she said.

“Everyone in Syria is on the bad side. The Assad government has perpetrated horrible crimes against humanity and used chemical weapons. And the opposition is now made up of extremists and terrorists.”