International humanitarian law (IHL) does not address business entities, except in situations where they directly participate in hostilities, and there is no reference to business actors in the International Committee of the Red Cross's recent Guidelines on the Protection of the Natural Environment in Armed Conflict. Yet, there has been an increasing reaffirmation of specific “duties”, “obligations” or “responsibilities” imposed on private companies operating in conflict zones. For instance, the UN Guiding Principles on Business and Human Rights suggest that business entities should respect IHL rules in addition to human rights during armed conflicts, and the third revised draft of the international legally binding instrument on transnational corporations and other business enterprises refers to IHL as an interpretative framework of human rights obligations of States and businesses. The International Law Commission's 2022 Draft Principles on the Protection of the Environment during Armed Conflicts are even more specific, providing that corporations should exercise due diligence concerning the protection of the environment when acting in conflict-affected areas. However, these references to IHL as applicable to business activities remain vague and lack elaboration. This paper intends to close this gap by clarifying whether and, if so, the extent to which IHL imposes environmental obligations upon private companies in conflict situations. It submits that business entities bear environmental duties during armed conflicts deriving from IHL rules and other complementary sources of international law. The paper further discusses the content of the obligation of business entities not to harm the environment as well as their due diligence obligation.

Data-driven artificial intelligence (AI) technologies are progressively transforming the humanitarian field, but these technologies bring about significant risks for the protection of vulnerable individuals and populations in situations of conflict and crisis. This article investigates the opportunities and risks of using AI in humanitarian action. It examines whether and under what circumstances AI can be safely deployed to support the work of humanitarian actors in the field. The article argues that AI has the potential to support humanitarian actors as they implement a paradigm shift from reactive to anticipatory approaches to humanitarian action. However, it recommends that the existing risks, including those relating to algorithmic bias and data privacy concerns, must be addressed as a priority if AI is to be put at the service of humanitarian action and not to be deployed at the expense of humanitarianism. In doing so, the article contributes to the current debates on whether it is possible to harness the potential of AI for responsible use in humanitarian action.

In this Q&A, the Review talks to Delphine van Solinge and Massimo Marelli of the International Committee of the Red Cross (ICRC). Van Solinge is the ICRC's focal point for understanding how digital technologies and the spread of harmful information affect populations living in conflict environments, and what this means for humanitarian action. To this end, her portfolio is focused on exploring, on behalf of the ICRC and through partnerships, how to mitigate the risks that digital technologies bring in humanitarian settings and ensure relevant protection responses in the digital age. Marelli is Head of the ICRC's Data Protection Office (DPO). During his tenure with the ICRC, the organization has chartered new pathways for how it can carry out its operational work, while ensuring that the data of the affected people which it serves, as well those of its employees, are well protected.

During this conversation, van Solinge and Marelli discuss how their areas of work complement and reinforce each other, forming two halves of the same coin with regard to how digital information and data can both be used for positive change and misused in humanitarian settings. Marelli highlights how humanitarian organizations process, protect and use data and digital information. Van Solinge discusses how through misinformation, disinformation and hate speech, information can be manipulated and spread using digital technologies – particularly in the age of the COVID-19, when populations are more reliant on digital communication technologies. Among the issues they discuss are how digital technologies can be used positively, the ethical considerations that humanitarian organizations should take into account, and the possible paths forward for public–private sector collaborations on this theme.

This article aims to acknowledge and articulate the notion of “humanitarian experimentation”. Whether through innovation or uncertain contexts, managing risk is a core component of the humanitarian initiative – but all risk is not created equal. There is a stark ethical and practical difference between managing risk and introducing it, which is mitigated in other fields through experimentation and regulation. This article identifies and historically contextualizes the concept of humanitarian experimentation, which is increasingly prescient, as a range of humanitarian subfields embark on projects of digitization and privatization. This trend is illustrated here through three contemporary examples of humanitarian innovations (biometrics, data modelling, cargo drones), with references to critical questions about adherence to the humanitarian “do no harm” imperative. This article outlines a broad taxonomy of harms, intended to serve as the starting point for a more comprehensive conversation about humanitarian action and the ethics of experimentation.