The Lawfare Podcast Lawfare Daily: IHL and Private Tech in Conflict, with Jonathan Horowitz
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Nov 13, 2024 
Jonathan Horowitz, Deputy Head of the Legal Department at the ICRC’s Delegation for the U.S. and Canada, dives into the intersection of international humanitarian law and private tech in conflicts. He discusses the unique legal challenges tech companies face in armed scenarios and the ethical dilemmas of supporting military operations. The conversation emphasizes the critical importance of compliance with humanitarian principles to safeguard civilians and the need for clearer communication between tech firms and governments in the digital age.
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Protecting Tech Companies During Conflict
- Understand International Humanitarian Law (IHL) and its impact on your assets and employees.
- Determine when IHL protections might cease.
Direct Participation in Hostilities
- Civilians directly participating in hostilities lose protected status, but don't become combatants.
- A three-part test determines direct participation in hostilities: harm threshold, causal link, and benefiting one side.
Compliance with IHL
- Parties to armed conflict must ensure compliance with IHL principles like distinction, precaution, and proportionality.
- Companies must also ensure employee compliance with IHL to avoid criminal liability.