Occupation Forces’ Use of Facial Recognition Technologies Raises Concerns Over Privacy and Human Rights Violations

Israel’s Military Deploys FRTs to Maintain Order in the Occupied Palestinian Territory, Experts Warn of Potential Breaches of International Humanitarian Law and Human Rights Law

TEL AVIV/JERUSALEM - The Israeli military’s increasing reliance on facial recognition technologies (FRTs) has sparked widespread concern over potential violations of international humanitarian law and human rights law.

Concerns Over Privacy and Human Rights Violations

The use of FRTs by occupation forces in the Occupied Palestinian Territory (oPt) raises serious questions about the protection of privacy, freedom of movement, and other fundamental human rights. While international humanitarian law provides some guidance on the permissibility of such deployments, experts argue that international human rights law (IHRL) can fill gaps in IHL’s coverage.

International Humanitarian Law and International Human Rights Law

Under IHL, occupation forces have a duty to respect the person, including the right to physical, moral, and intellectual integrity. However, Pictet’s Commentary suggests that this duty may cover all individual rights inseparable from human existence, including privacy. The prohibition on publicity of private information under Article 27(2) does not encapsulate a full protection of an individual’s privacy.

Expert Opinions

• “Human rights law may fill a gap in an occupied territory when the norms governing belligerent occupation are silent or incomplete.” - Dinstein
• “International human rights law can and should be used to a certain extent as a means to interpret the provisions contained in Article 27.” - Van der Heijden
• “[O]ther bodies of law, including international human rights law, might also be relevant when assessing surveillance.” - ICRC

Call for Transparency and Accountability

As the Israeli military continues to deploy FRTs, it is essential that authorities prioritize transparency and accountability in their use. The proportionality of such deployments must be assessed by reference to IHRL, which can provide crucial guidance on the protection of individual rights.

Further Information

For more information on the implications of FRTs on human rights and IHL, please contact [Name] at [Email] or [Phone number].