Investigators are increasingly using technology in conflict-related sexual assault cases

In the Democratic Republic of Congo (DRC), humanitarian agencies have reported a staggering 895 cases of conflict-related rape as M23 rebels advanced through the eastern region over the last two weeks of February. This translates to an average of more than 60 rapes per day, according to a United Nations High Commissioner for Refugees official.

This grim figure is not isolated. In recent months, the number of rape cases treated across health facilities in DRC has jumped five-fold, with 30% of these cases being children. While immediate responses are needed to stop the violence, provide healthcare to survivors and assist the displaced, the pursuit of justice also plays a critical role.

Investigative bodies, including the International Criminal Court (ICC), are increasingly using technology to investigate conflict-related sexual violence. In a recent research project, my team interviewed experts who specialize in conflict-related sexual violence investigations around the world. The research was supported by XCEPT, a conflict research program funded by the United Kingdom’s Department for International Development.

The ICC’s chief prosecutor, Karim Khan, visited DRC at the end of February and met with sexual violence survivors. The ICC has the mandate to investigate rape, sexual slavery, and other gender-based violence amounting to genocide, crimes against humanity, and war crimes.

Using Technology in Investigations

Investigators start by speaking to survivors, following guidelines such as the 2023 Policy on Gender-Based Crimes or the Global Code of Conduct for Gathering and Using Information About Systematic and Conflict-Related Sexual Violence. The Global Code of Conduct is known as the Murad Code after Nobel Peace Prize recipient and advocate Nadia Murad.

Survivors of conflict-related sexual violence are connecting with investigators through various technologies, such as directly using encrypted apps like Signal. Survivors also go through civil society organizations equipped to take video or electronic statements – Yazda, for example, which works with Yazidi survivors of ISIS crimes in northern Iraq – or via portals like the ICC’s OTPLink.

The UN's Commissions of Inquiry also encourage and receive email submissions. International courts and investigative bodies are analyzing open-source information on conflict-related sexual violence, such as videos, photos, and statements posted on online platforms. Guided by the Berkeley Protocol on Digital Open Source Investigations, this information can be useful to support witness statements, place alleged perpetrators at the scene of the violations, and link incidents into a pattern of similar violence.

Challenges and Concerns

International courts and investigative bodies are analyzing open-source information on conflict-related sexual violence, such as videos, photos, and statements posted on online platforms. However, identifying AI-created and other artificially generated images, specifically designed and planted in the public domain as a form of disinformation or to compromise investigations, is a significant challenge in Ukraine.

Conflict-related sexual violence is often perpetrated indoors, making certain technologies like satellite or drone imagery less useful. In particular, face and voice recognition software have supported efforts to identify alleged perpetrators in Ukraine.

However, investigations into sexual violence committed by ISIS in northern Iraq have been hampered due to the lack of automated translation software in the Yazidi language to facilitate the transcription and translation of testimonies.

Survivor Concerns

Survivors have expressed concerns about the turn to technology in investigating conflict-related sexual violence. They fear that their identities and experiences may be revealed through hacking or poor data handling, which could put them at risk of reprisals from perpetrators or their accomplices.

They also worry that their identities may be stigmatized or ostracized in some communities, undoing survivors’ efforts to rebuild their lives. To address these concerns, international courts and investigative bodies have adopted data protection protocols.

A Need for Standardization

The lack of a standardized framework for the use of technology in the investigation of conflict-related sexual violence remains a significant concern for investigators. Such a framework would incorporate best practices in supporting survivors providing evidence, tracking and preserving open source information, and developing new technological applications.

If there is to be justice for survivors of conflict-related rape in DRC and elsewhere, technology – provided it is used with great sensitivity – will likely be an important and timely aid. As investigators continue to use technology to investigate conflict-related sexual violence, it is essential that they prioritize the needs and concerns of survivors.