Emory International Law Review


Laurie Kim


The exigent nature of genocide, inherent costs of litigation that may impede ongoing investigations, and general reluctance of tech companies toward international data disclosure underscore the need for states and intergovernmental organizations to enforce more expedient discovery procedures for cases involving crimes against humanity. The discovery case between the Gambia and Facebook illustrates how the current legal framework regulating international data disclosures is ill-equipped to nimbly address the exigence of genocide in Myanmar.

Existing bilateral agreements and multilateral treaties overseeing international data disclosure should be amended to compel third-party internet service providers to disclose information in the extreme and exigent case of genocide. Without further changes, efforts to compel third parties will continue to fail. Investigating bodies will continue to depend on narrow exceptions when disclosure aligns with the business interests of internet service providers.

Cases investigating genocide will persist in purgatory. Lives will remain hanging in the balance.

This Comment will focus on the discovery case between the Gambia and Facebook and its collateral effects on the ongoing investigation into the Rohingya genocide in Myanmar. In doing so, this Comment will analyze how American tech giants like Facebook conduct extensive business outside the United States and circumvent foreign regulation and government intervention to the detriment of local communities.