Enforced Disappearance in the Digital Space: A Legal Analysis of the Applicability of Human Rights and International Law Norms to Practices of Blocking Individuals on the Internet

Abstract

This research addresses the issue of digital enforced disappearance through an examination of both the conceptual and legal frameworks governing traditional enforced disappearance and its counterpart in the contemporary digital environment. The study begins by clarifying the concept of enforced disappearance under the provisions of international human rights law and international humanitarian law, before moving on to define digital disappearance and outline its various forms, which manifest in practices of blocking, deleting, or erasing individuals’ digital presence from the internet, whether carried out by public authorities or other actors.

The research further explores the similarities and differences between traditional and digital enforced disappearance, highlighting that both share political and repressive objectives despite the divergence in the means employed. The study adopts a comparative analytical methodology, analyzing international legal instruments and conventions relevant to enforced disappearance and human rights protection, and comparing them to current digital practices, with the aim of exposing the shortcomings of the existing international legal framework, which lacks a precise and comprehensive definition of digital disappearance.

The findings of the study indicate that rapid digital transformations necessitate a reconsideration of traditional legal concepts and an update of international legislative frameworks to ensure stronger protection of individuals in cyberspace. The results also emphasize the urgent need to initiate a broad international dialogue aimed at developing a comprehensive and effective legal framework capable of addressing the challenges of the digital age