Digital Humanitarians and International Lawyers: Worlds apart or Two Sides of the Same Coin?

In: Max Planck yearbook of United Nations law, Band 25, Heft 1, S. 718-755

Abstract

The field of humanitarian assistance is undergoing a computational revolution, but international lawyers are slow to realize it. Thanks to the deployment of data analytics, humanitarian agencies are increasingly able to forecast where and when a crisis will strike, whom it will affect, and what needs it will create. These developments enable new and promising models of anticipatory response, but also raise concerns in terms of risk management and irresponsible experimentation. Yet, so far, international lawyers have been strikingly silent about the normative implications of digital humanitarianism. Seeking to fill the gap, this article assesses the impact of data- driven humanitarian response on the practice of international law, and sets out some broad parameters for dialogue and mutual engagement between the two fields of expertise. That engagement requires, first, an understanding of the normative character of humanitarian data practices. Based on that understanding, international lawyers can contribute to the regulation of digital humanitarian networks and help steer the system towards greater accountability.