This article considers the application of international criminal law to the role of social media entities in fuelling atrocity crimes, and the legal theories that could be most valuable in fostering their accountability. While incitement of atrocity crimes is one way of framing social media's role in fomenting conflict, this paper argues that it may be more productive to conceptualise social media's role in atrocity crimes through the lens of complicity, drawing inspiration not from the media cases in international criminal law jurisprudence, but rather by evaluating the use of social media as a weapon, which, under certain circumstances, ought to face accountability under international criminal law.
Email: firstname.lastname@example.org. The views expressed herein are those of the author and do not necessarily reflect the views of the STL. The core arguments of this paper were presented and refined at both the 2019 Cambridge International Law Conference and the 2019 RightsCon Summit in Tunisia. The author would like to thank the participants of those conferences, in particular Barrie Sanders, for their valuable and thought-provoking discussions.
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