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Using Mobile Phone Data to Investigate Mass Atrocities and the Human Rights Considerations

There is no greater representation of today’s digital age than the advent and spread of mobile phones. Mobile phones have become a ubiquitous tool in today’s more inter-connected world. They are how most of us communicate, how we socialize, how we share photos and videos, and how we generally interact with others. They are with us almost everywhere we go and in almost everything that we do, from banking, to shopping, to family interactions. For these same reasons, mobile phones have become a treasure-trove of information for investigations into mass atrocities. Using mobile phone data, investigators and human rights activists can track a user’s movements and telephone calls, develop hierarchical and social networks, and even collect information relating to the person’s intimate and personal life—all of which can turn into vital direct or circumstantial proof of crimes. 
 
This Article examines how mobile phone data has transformed international criminal investigations and prosecutions, including how such data has been used for evidential and investigative papers. This Article also looks at the other side of the issue, namely the human rights limitations to the collection and use of such information, including open legal issues regarding the international human right to privacy.