Witnessing Atrocities from Space:
Strengthening Legal Pathways for the Use of Satellite-Based Evidence in
Human Rights Violation Accountability
· By Sam Arne Whalley ·
In the past years, on the back of transformational change in data quality and availability, we have watched as space-based remote sensing data has evolved into a vital asset for conflict monitoring and accountability. The Earth observation satellites of the contemporary space age reveal developments on the ground, sometimes in near-real time, in territories often inaccessible to humanitarian organizations, investigators and journalists alike. As this sphere of technology has evolved, so, too, has its promise for the protection of human rights in times of global conflict.
Satellite imagery provides a unique and impartial perspective into environments in which on-the-ground verification can be dangerous, if not impossible. Potential uses in this regard are particularly diverse since such imagery enables civil society, legal authorities and international bodies to remotely monitor critical geopolitical events such as mass population movements and infrastructure and community destruction. The extent of remote sensing data’s objectivity, scale and scope has resulted in a paradigm shift, rewriting how human rights violations can be and are observed, and, subsequently, documented and reported.
The application of satellite technology in this context is not theoretical. In 2024, the Office of the United Nations High Commissioner for Human Rights extensively used satellite data to report evidence of widespread destruction in the Ukrainian city of Mariupol after Russia’s full-scale invasion in 2022. Commercially acquired satellite imagery has also been able to provide clear evidence of prolific human rights violations, including mass destruction of civilian infrastructure, in the razing by Israeli forces of Khuza’a in the Gaza Strip, a territory on which on-the-ground intelligence gathering is nearly impossible; with said data highlighting evidence of the mass destruction of civilian infrastructure and what has been labelled as the ‘collective punishment’ of the Palestinian people. In 2025, Human Rights Watch used complementary satellite data to support witness testimony and photographic evidence of rebel group ‘M23’s’ execution of around 140 civilians in eastern Democratic Republic of Congo. These cases serve to highlight a new era in which often previously hidden human rights abuses can now be observed and verified from orbit.
The value of space-based monitoring is not, however, solely limited to observation. The ability to verify from space contraventions of human rights law can act as a deterrent and empower advocacy, sanctioning, and—as this article seeks to explore—legal action. For global stakeholders directly engaged in the upholding of human rights, modern remote sensing technologies offer an invaluable perspective, one not subject to restricted access or intimidation.
The Legal Fragility of a Powerful Tool
Regardless of its promise, the use of space-based remote sensing data as evidence in legal proceedings remains uncertain. The technological sophistication and supposed objectivity of satellite imagery does not yet guarantee its admissibility and impact in court. In practice, the lack of universally accepted technical and legal standards for its use as evidence has left it vulnerable to challenge.
One can identify three primary vulnerabilities that threaten the judicial utility of geospatial evidence. First, the absence of a standardized process for chain of custody can, rightfully, equip the defense with the means to question whether images have been manipulated from the point of capture to the courtroom presentation. Second, without any internationally recognized method designed specifically for the authentication of such imagery, the verification and, thus, credibility of technical details such as sensor origin, time stamps and data integrity, can be undermined. Third, the degree of technical expertise often required for analyzing and interpreting such data is limited to a small pool of specialists. Courts must therefore rely on ad hoc individual expert witnesses whose own methods, affiliations and interpretations could be vulnerable to contestation, thereby potentially damaging the perceived neutrality of the evidence.
Satellite imagery is consequently not immune to legal scrutiny despite its persuasive power and increasing use in human rights cases. This vulnerability, particularly in high stakes cases, could mean the difference between holding perpetrators of human rights violations accountable and discounting or dismissing crucial evidence.
Towards a Protocol on Geospatial Evidence
The international community, if it is to properly realize the potential of applying space-based remote sensing data to monitoring contraventions of international human rights law, requires a robust protocol to govern the collection, handling and presentation of geospatial evidence. Fortunately, a strong precedent for adopting such standards exists in the digital forensics realm. The ISO/IEC 27037:2012 standard provides internationally recognized guidance for the identification, collection, acquisition and preservation of digital evidence to ensure that it remains reliable and thus also admissible in legal proceedings. Applying comparable principles to satellite data could bridge the gap that stands between technological capability and legal accountability.
A potential protocol for the utilization of such space-based remote sensing data as evidence could be built on three primary pillars:
Standardized Chain of Custody: The collection, transfer and storage of Earth observation data should be guided by clear, internationally recognized procedures. Indicators such as cryptographic hashes and digital signatures, as are widely employed in digital forensics, should be applied to ensure data integrity throughout its distribution and use.
Formal Admissibility Framework: For the evaluation of this type of evidence, courts need to define clear and transparent criteria—including requirements for disclosing metadata, sensor calibration records and explicit analytic documentation. Such criteria mirror the judicial standards applied to digital evidence.
Registry of Certified Geospatial Experts: An international registry of accredited space-based remote sensing data analysts could ensure impartiality and methodological soundness in testimony. This would minimize the risk of conflicting interpretations of data and enhance the credibility of satellite-derived evidence.
The greatest hurdle to realizing all three goals, regardless of the apparent criticality of such a framework, stems from the required cooperation of governments, international organizations, commercial satellite operators and civil society. But an effort is imperative despite the inevitable challenges of political resistance and resource constraints. Satellite evidence, after all, could have a profoundly positive impact on human rights justice.
Conclusion
Space-based remote sensing data has revolutionized the documentation and deterrence of human rights violations in modern conflict. A multitude of cases that have relied on such data already exists. But the use of satellite evidence will remain legally fragile until its judicial vulnerabilities are addressed through, among other measures, guiding international protocols. Bridging this gap cannot simply be considered a technical or legal necessity—but one that is essential for making reliable satellite-derived evidence admissible in the prosecution of human rights violators worldwide.
DISCLAIMER: "The views and opinions expressed in this article are solely those of the author in their individual capacity and do not reflect the views, positions, or policies of any organizations, institutions, or entities with which the author is or has been affiliated."