Lubin & Tang: Data Injustice in Global Justice

Asaf Lubin (Indiana Univ., Bloomington - Law) & Cherry Tang have posted Data Injustice in Global Justice (UC Davis Law Review, forthcoming). Here's the abstract:

In May 2020, the United Nations Secretary-General unveiled a sweeping “Data Strategy for Action by Everyone, Everywhere,” seeking to unlock the UN’s “full data potential.” The International Criminal Court’s Office of the Prosecutor followed suit, declaring in 2023 its intent to acquire advanced cyber forensic tools so to hold the “widest range of digital evidence globally.” Across international institutions, data-driven governance has become the norm, with humanitarian agencies and tribunals transforming into “data hubs and information clearinghouses.”

This paper critiques the unfettered datafication of global justice by international courts and organizations. These entities have aggressively expanded their data-driven operations in the last decade—deploying AI to predict crises, satellites to monitor conflict zones, biometric-enabled blockchain systems to track refugee movements, and social media evidence to prosecute crimes. Yet, the data that fuels these systems is often extracted from the world’s most vulnerable communities. This exposes these communities to grave risks of surveillance, hackability, and exploitation—risks further entrenched by the privileges and immunities that shield these international institutions from independent oversight. In sum, the regulatory and accountability vacuum surrounding data protection in global justice not only reinforces existing power hierarchies but also undermines the legitimacy of the very courts and organizations purporting to dismantle them.

Against this backdrop, the paper calls for a fundamental reorientation of the way international institutions govern data—recasting these institutions not as data aggregators in a digital supply chain, but as fiduciaries of the communities they aim to serve. In resisting both nation-driven and corporate-driven technological authoritarianism, international courts and organizations have an opportunity to present an alternative vision of data governance. Such a vision should draw from the international legal principles of good faith and self-determination as fundamental obligations constraining the datafication practices of these institutions. Without such a shift, international courts and organizations risk making data injustice the next frontier of global inequality.