Preprint: Social Network Analysis and Counterterrorism: A Double-Edged Sword for International Humanitarian Law

Abstract:

The network concept and social network analysis have played a prominent role in political discourse during the War on Terror and in the analysis of terrorist organizations. A candid discussion about the suitability and legality of social network analysis under international law is lacking in the literature. Approaching the topic from a legal-empirical perspective, we describe network analysis using non-specialist language and address some of the challenges that complicate social network analysis for international law. We argue that social network analysis is incompatible with the rules on targeting under international humanitarian law. However, social network analysis retains some use in international humanitarian law for understanding intra-group dynamics to facilitate conflict classification, to examine and determine legally relevant qualities about the internal networks of armed groups, and to ascertain the strength of relations between armed groups.

Moncrieff, Michael and Kilibarda, Pavle and Gaggioli, Gloria, Social Network Analysis: A Double-Edged Sword for International Humanitarian Law (February 10, 2023). Available at SSRN: https://ssrn.com/abstract=4353825 or http://dx.doi.org/10.2139/ssrn.4353825