In recent years, cyber operations have emerged as a critical component of modern warfare strategies. With the rise of digitalization and global connectivity, armed conflicts are no longer confined to traditional battlefields; they now extend into cyberspace, where nations engage in sophisticated cyberattacks aimed at disrupting, damaging, or manipulating their adversaries. As military forces increasingly integrate cyber capabilities into their operations, concerns about the implications for civilian populations have come to the forefront.
Cyber warfare can take many forms, from hacking into critical infrastructure systems to conducting disinformation campaigns. According to a report by the NATO Cooperative Cyber Defence Centre of Excellence, “cyber operations can be used to achieve strategic objectives without the direct use of force” (NATO CCDCOE, 2019). This capability enables state and non-state actors to conduct operations that can inflict significant damage while maintaining a level of plausible deniability.
One of the most pressing concerns regarding cyber operations is their potential impact on civilian infrastructures. Critical services such as power grids, healthcare systems, and water supply networks are increasingly controlled by digital systems. A cyberattack on these infrastructures can lead to catastrophic consequences for civilian populations. For instance, the 2015 cyberattack on Ukraine’s power grid left over 200,000 people without electricity for several hours, highlighting the vulnerabilities present in critical systems (Zetter, 2016).
Furthermore, the ambiguity surrounding the attribution of cyberattacks complicates the legal and ethical frameworks governing warfare. The principle of distinction requires that combatants must differentiate between military targets and civilian objects. However, in the cyber realm, the lines are often blurred. A cyber operation targeting a military command center may inadvertently affect civilian networks, leading to unintended harm. As highlighted by experts, “the growing reliance on cyber technologies raises significant challenges for civilian protection in armed conflict” (Schmitt, 2017).
The risks to civilians extend beyond immediate physical harm. Cyber operations can generate widespread fear and uncertainty within populations. Disinformation campaigns, for example, can undermine societal trust and provoke panic. The U.S. Department of Defense has acknowledged that “cyber operations can create psychological effects that can influence public perception and morale” (DoD, 2018). This psychological dimension is particularly concerning in the context of hybrid warfare, where cyber tactics are combined with traditional military strategies to achieve broader objectives.
To mitigate the risks associated with cyber operations, there is an urgent need for the development of robust international norms and regulations. While existing frameworks provide some guidance, they do not adequately address the unique challenges posed by cyber warfare. Experts advocate for the establishment of new guidelines specifically tailored to the cyber domain, emphasizing the importance of protecting civilian infrastructure and ensuring accountability for those who conduct cyberattacks against non-combatants (Schmitt, 2017).
In conclusion, as cyber operations increasingly become a staple of modern warfare, the risks to civilian populations cannot be overlooked. The potential for collateral damage, the challenge of attribution, and the psychological impact of cyber operations all underscore the need for a comprehensive approach to address these issues. Policymakers, military leaders, and international organizations must work collaboratively to establish clear norms and protections that prioritize the safety and security of civilians in an era where the battlefield extends far beyond traditional frontlines.
References:
1. NATO Cooperative Cyber Defence Centre of Excellence. (2019). *The Cyber Operations Handbook*.
2. Zetter, K. (2016). *Inside the Hack of the Century: How Ukraine’s Power Grid Went Dark*. Wired.
3. U.S. Department of Defense (DoD). (2018). *Cyber Strategy: Summary of Key Points*.
4. Schmitt, M. N. (2017). *The Law of Armed Conflict and the Cyber Domain*. International Law Studies.
On 30 September 2024, the Republic of Lithuania submitted a referral to my Office exercising its prerogative, as a State Party to the Rome Statute of the International Criminal Court (ICC), under article 14(1) of the Statute.
In its referral, the Republic of Lithuania requests my Office to investigate alleged crimes against humanity committed in the Republic of Belarus, a non-ICC State party, stating that part of the elements of the alleged crimes was committed on the territory of Lithuania, an ICC State Party.
Specifically, the referral alleges that “beginning in April 2020, and from at least 1 May 2020, partly ongoing to the present day, and continuing, crimes against humanity – including deportation, persecution and other inhumane acts – have been carried out against the civilian population of Belarus, at the behest of senior Belarusian political, law enforcement and military leaders, and that part of the element of these crimes was committed on the territory of Lithuania, bringing such crimes temporally, territorially, and materially (by subject-matter) within the jurisdiction of the Court”.
As a result, the Government of Lithuania request my Office “to investigate all past, ongoing and future crimes within the Court’s jurisdiction, including as referred, as committed in the territory of the Republic of Belarus, and partly on the territory of Lithuania, since at least 1 May 2020”.
In accordance with the Rome Statute, a State Party may refer to my Office a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed, requesting the Office to investigate the situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes. A State Party referral does not automatically lead to the opening of an investigation.
I can confirm that my Office will conduct a preliminary examination to examine the request within the limits of the ICC jurisdiction, and to determine, based on statutory requirements, if there is a reasonable basis to proceed with the opening of an investigation.
Any interested person or entity who wishes to submit information to the OTP on these or other alleged crimes committed under the ICC’s jurisdiction may use OTPLink, a secure platform to receive such submissions
In this insightful interview, Diplomat Magazine sits down with Marcel Menzo, Sales Manager of the historic Grand Hotel Amrâth Kurhaus in Scheveningen. With a unique background in sports marketing and extensive international experience, Menzo shares how his career transition has shaped his approach to hospitality and diplomacy.
Menzo brings a fresh perspective to the hospitality industry, focusing on delivering exceptional service to the hotel’s diverse clientele. In this conversation, we explore the unique advantages the Kurhaus offers to diplomatic missions, the ongoing renovations enhancing its allure, and how Menzo’s management style aligns with the needs of diplomatic guests.
DM- You made a remarkable career switch from sports management to hotel management. How have your experiences in the sports industry influenced your approach as Sales Manager at the Grand Hotel Amrâth Kurhaus?
The switch is not exactly from sports management to hotel management, but rather from being the owner of a sports marketing agency to becoming the Manager of Sales in the hospitality industry. Through extensive travel for my own business, I gained insights into what hospitality entails and learned about the differences in customs and approaches across various countries and cultures.
Sales has been the common thread throughout my career, and it was this aspect of the position that attracted me the most. With over 20 years of experience in sales, I was eager to take on the challenge of achieving the sales targets for the Kurhaus. I believe the connecting factor between sports and hospitality is dealing with people and working together as a team to reach a successful outcome. This has enabled me to execute my role on five different levels.
DM- The Kurhaus is known for its rich history and elegant atmosphere. How do you balance preserving this charm while integrating modern amenities for diplomatic guests??
It is essential to understand the needs and desires of our diplomatic guests. In my opinion, their focus is more on personal attention than on modern facilities. From this perspective, we work hard on training our staff. However, we are not stagnant when it comes to facilities either. The integration of modern elements mainly happens in the background, such as the installation of LED lighting, heat pumps, and similar upgrades.
The Kurhaus has also achieved the Green Key Gold certification in this regard. While these modern amenities may not be visible in the rooms, they directly contribute to meeting the expectations of the modern traveler, including diplomatic missions. Our primary focus remains on the guest experience, both in the rooms and throughout the hotel. I personally welcome every diplomatic delegation, which sets the tone from the start.
DM- What sets the Kurhaus apart for embassies looking for event venues? How do you cater to the specific needs of diplomatic missions?
It’s the combination of the large square footage, which is unparalleled in the area, and our personal service. The grandeur and history of the hotel are reflected in every room. This allows us to cater to any request, from intimate private dinners in the Spiegelzaal to stately gatherings in the former ballroom.
The iconic Kurzaal is a true showpiece of the hotel, where many wonderful events have taken place (such as national days) and where many more will take place in the future. Since the Kurhaus is located by the sea, it offers guests who work daily in the center of The Hague a perfect opportunity to escape from their business activities for a while. With the sea as a backdrop, the boulevard as a relaxing walk, and a magnificent sunset, after a night at the Kurhaus, you can start the next workday feeling refreshed.
DM- What do you find most rewarding about working with diplomatic clients? How do their needs and expectations differ from other guests, and how do you ensure their experience at the Kurhaus exceeds these expectations?
The most rewarding aspect of working with diplomatic clients is the trust and loyalty you build, which grows over time. As mentioned earlier, I can easily empathize with different cultures and customs, allowing me to quickly establish rapport and create an environment where diplomatic guests feel comfortable. Every guest is equal to me and receives the same treatment.
This is, however, where we differ from our other guests. We treat every corporate guest as a VIP, but embassies often require a different approach and will always be handled by me personally as their unique point of contact. The experience that we, from the General Manager to all operational staff, provide will hopefully enable us to welcome more delegations in the future and grow into the ambassador hotel of the region.
Marcel Menzo
“Known for its timeless elegance and seaside charm, the Kurhaus has become a prominent venue for diplomatic events and international gatherings, offering personal attention and customized services for high-profile guests.“
The Algerian Cultural Week in the Netherlands, organized by the Algerian Embassy in The Hague, to commemorate the 70th anniversary of the Algerian Revolution, brought together several Algerian artisans in various events, notably the festival of Embassies in The Hague and Delft festival. Among the participants were Mr. Fouad Azzi, a renowned haute couture designer, and Mr. Karim Haddaoui, a talented ceramist.
After discovering Delft during a festival on September 9th, both artists chose the royal city as the ideal backdrop to showcase part of the rich and diverse Algerian cultural heritage through a photo shoot highlighting Traditional Algerian Attire and Ceramics.
Models, dressed in traditional Algerian garments from Azzi’s collection and displaying delicate ceramic pieces crafted by Haddaoui, were featured in iconic locations throughout Delft, including the Prinsenhof Museum Garden, Oostpoort, Hortus Botanicus Garden, the Delft bridges, and the Vermeer Centrum Delft.
As they harmoniously blended with the city’s picturesque surroundings, the vivid colors of the Algerian costumes created a striking contrast with Delft’s historic architecture, producing a captivating and unique atmosphere.This visual exchange between Algerian tradition and the Dutch setting caught the attention of passersby, enriching the cultural and artistic character of the event. Azzi’s creations, such as the Karakou and Glila of Algiers, the Mlehfa, Chaoui dress, the Constantine Gandoura, and the Tlemcen Caftan Al kadhi, stood out with their gold and silver thread embroidery, embodying a subtle blend of tradition and modernity.
The models also showcased exquisite ceramic pieces, including plates, lampshades, jars, paintings, and bonbonnières, created by Mr. Karim Haddaoui, an Algerian ceramic artist.
These refined works, adorned with Islamic and Berber motifs, reflect the richness of Algerian heritage and are considered true treasures of the country’s craftsmanship.
Rooted in the ancient history of the region, they demonstrate ancestral know-how passed down through generations, while incorporating contemporary influences. Their vibrant colors and floral patterns give them a unique, lively dimension, further enhancing this artistic heritage.
The Azzi Atelier, specializing in haute couture and embroidery, was founded in 1965 by Mr. Azzi Med Lakhdar.
Creativity at the atelier has been passed down from father to son, expressed through a wide range of traditional clothing such as the Constantine Guendoura, the Algiers Karakou, the Tlemcen Caftan Al Kadhi, the Kabyle dress, the Chaoui dress. The Azzi Atelier regularly participates in cultural and economic events, both nationally and internationally, in cities such as Paris, Shanghai, Seoul, and Milan, and has received many prestigious awards.
As for Mr. Karim Haddaoui, he is an accomplished ceramist, a fine arts graduate, who has enjoyed a rich career s an art teacher and president of the Chamber of Crafts and Trades of Algiers.
His work has been recognized with numerous awards, both nationally and internationally, including the Alpha d’Or prize in Valencia, Spain.
From left to right: Mr Faouad Azzi, a haute couture designer, Mr. Keddid, President of the Chamber of Crafts in Bejaia and Mr. Karim Haddaoui, a ceramist.
Encouraged by the success of this event, the Algerian Embassy plans to organize further similar events across the Netherlands to strengthen cultural ties between the two countries.
On August 1st, a key corporate event was organized by the Association for the Progress of Management (APD) in partnership with Clan Nativus. APD, a renowned organization dedicated to promoting management excellence, joined forces with Clan Nativus, a collaborative platform that empowers businesses with digital tools and solutions for successful digital transformation. This event, held in Bogotá, Colombia, brought together leading experts and executives from Colombia and Latin America to discuss the transformative impact of digital technologies.
Key topics on the agenda included the metaverse, augmented reality, cybersecurity, NFCs, blockchain, human talent development, artificial intelligence in finance, business productivity, and automatization. Renowned speakers and senior managers from prominent companies and multinationals shared their insights and experiences, shedding light on the opportunities and challenges presented by digital transformation.
At the heart of the discussions was a recurring theme: the profound impact of digital transformation on human talent. While technology offers immense potential for growth and innovation, it also presents significant challenges that must be addressed to ensure a just and equitable future for all.
The Technological Divide: A Growing Conflict
Digital transformation promises improvements in efficiency, innovation, and competitiveness. However, it has also created a significant divide between companies that can quickly adapt and those that lag behind. This phenomenon not only affects market competitiveness but also directly impacts human talent development. Large, well-funded companies have the ability to invest in advanced technologies such as artificial intelligence, blockchain, and augmented reality. These investments not only transform their operations but also allow them to attract and retain top talent. Employees in these companies have access to continuous learning tools, enabling them to stay updated and competitive in an ever-evolving job market.
This disparity is particularly evident in the region’s SMEs, which often lack the resources to invest in advanced digital tools and infrastructure.This creates an imbalance in job opportunities and talent development. For example, during the forum, a prominent Colombian SME owner shared his experience of struggling to compete with larger rivals due to limited access to digital marketing tools. While his business had a strong product, he was unable to reach a wider audience and increase sales without investing in online advertising and e-commerce platforms.
The Skills Gap: A Barrier to Progress
The rapid pace of technological change has created a skills gap in Latin America. A study by the World Economic Forum found that 54% of Latin American workers will need to acquire new skills or upgrade their existing ones by 2025 (WEF, 2020). This skills gap is particularly pronounced in rural areas and among marginalized populations, where access to education and training is limited.
One of the most memorable moments of the forum was a panel discussion featuring TOTTO -Colombian brand known for its high-quality backpacks, bags, and accessories, popular across Latin America and beyond- the panelist shared its experience of adapting to the changing job market and the challenges they faced in acquiring new skills. Many expressed concerns about job security and the fear of being left behind in the digital age.
Cultural and Political Implications
The cultural impact of digital transformation in Latin America extends beyond the workplace. As companies evolve, so too must the skills and cultural competencies of the workforce. However, the uneven adoption of digital technologies is causing a cultural rift. Traditional industries, which form a significant part of the Latin American economy, are struggling to keep pace with the rapid changes, leading to a cultural resistance to digitalization.
Moreover, the political landscape in Latin America plays a crucial role in shaping the digital transformation agenda. Governments in the region are increasingly recognizing the need to invest in digital infrastructure and education to prepare their populations for the future of work. However, political instability and varying levels of commitment across countries have resulted in inconsistent progress. In some cases, digital transformation initiatives are being used as political tools, leading to short-term gains rather than long-term development.
For example, countries like Brazil and Mexico have made significant strides in promoting digital literacy and supporting SMEs in their digitalization efforts. However, in countries with less political stability, such as Venezuela, the lack of coherent digital policies has further marginalized large segments of the population, exacerbating social inequalities and limiting the potential for economic growth.
The Impact on Employment and Wages
While automation and artificial intelligence can lead to job losses in certain sectors, they can also create new opportunities in others. However, the distribution of these opportunities is uneven. A study by the International Labour Organization (ILO) found that the digital economy has created 12 million jobs in Latin America and the Caribbean since 2010, but many of these jobs require high-level skills that are not widely available (ILO, 2022).
During the forum, a representative from a leading tech company named Baker Tilly, discussed the company’s efforts to create new jobs in data analytics, artificial intelligence, and cybersecurity. While the company was committed to providing training and development opportunities for its employees, the representative also highlighted the need for governments and educational institutions to invest in workforce development programs to ensure that workers have the skills needed to fill these new roles.
Potential Solutions: Towards Inclusive and Secure Digital Transformation
During the forum, several solutions were proposed to address the emerging conflicts of digital transformation. One of the main recommendations was the creation of technological inclusion policies that promote equitable access to digital tools. This could include government subsidies or support programs to help SMEs access the same technologies as large corporations.
Additionally, the need to develop continuous learning programs accessible to all employees was emphasized. Companies must take responsibility for offering digital skills training, whether through online courses, workshops, or professional retraining programs. This will not only improve employees’ competitiveness but also contribute to the long-term success of businesses.
Regarding cybersecurity, strengthening regulatory frameworks and companies’ internal policies to protect both business and employee information was recommended. Creating secure digital environments is essential to ensuring that digital transformation does not become an unnecessary threat.
Digital transformation presents both opportunities and challenges for human talent in Latin America. By addressing the skills gap, promoting digital inclusion, and investing in education and training, governments and businesses can help ensure that the region’s workforce is well-equipped to thrive in the digital age. As the forum concluded, it was clear that the future of work in Latin America depends on a collaborative effort to harness the power of technology while mitigating its risks.
About the author:
Valentina Carvajal Caballero, Colombia ’s Universidad de Los Andes.
Valentina Carvajal Caballero is a communication and digital media student at La Universidad de Los Andes. As an Information Officer at IFIMES, she applies her expertise in research and digital transformation to advance the organization’s goals.
Founder of Clan Nativus Phydigital Agendas, Valentina combines her entrepreneurial drive with a deep understanding of Latin American digital landscapes to promote positive change through technology.
United Nations Economic Commission for Latin America and the Caribbean (ECLAC). (2020). The Digital Divide in Latin America and the Caribbean: Challenges and Opportunities. ECLAC.https://www.cepal.org/en
Resources on Cybersecurity and Digital Risks
Latin American Cybersecurity Outlook 2023. (2023). [invalid URL removed]
The celebration of both National Day (31 August) and Malaysia Day ( 16 September) was joyfully marked by the Malaysian Embassy, The Hague, Netherlands with a delightful dinner on 21 September 2024.
The seated dinner in The Hague was a big hit, with guests enjoying about eight different items. H.E. Ambassador Roseli Abdul warmly addressed his guests and encouraged them to savour Malaysia’s rich culture, especially its delicious cuisine.
H.E. Mr. Mayerfas, Ambassador of Indonesia, H.E. Mr. Sekul Unal, Ambassador of Turkey, H.E. Ambassador Roseli Abdul of Malaysia, H.E. Ms Sahar Ghanem, Ambassador of Yemen and Dean of the Diplomatic Corps, H.E. Mr. Huong Nam Ngo, Ambassador of Vietnam, and the Ambassador of the Kingdom of Thailand H.E. Mr. Asi Mamanee.
The Ambassador also shared the following warm welcome, “As we commemorate 67 years of Malaysia’s independence, it is incredible to think about how far we have come as a nation. From our humble beginnings in 1957, we have transformed into a vibrant, diverse, and progressive society. Our achievements have been built on the principles of unity, tolerance, and resilience – values that we hold dear as Malaysians.
Under the leadership of our Prime Minister, Yang Amat Berhormat Datuk Seri Anwar Ibrahim, we are embarking on a new chapter in our nation’s story. The Malaysia MADANI policy, with its focus on sustainability, prosperity, innovation, respect, trust, and compassion, is not just a government initiative – it is a collective aspiration for all Malaysians. It challenges us to build a nation that is not only economically prosperous but also socially harmonious and globally respected.
As we look to the future, we see a Malaysia that is at the forefront of the digital economy, a leader in sustainable development, and a beacon of multicultural harmony. We envision a nation where every citizen, regardless of background, has the opportunity to thrive and contribute to our shared success.
This vision is not a distant dream, but a reality we are actively working towards, step by step, day by day. Now, turning to the friendship between Malaysia and the Netherlands, I am proud to say that our ties have only grown stronger over the years. This year, we celebrate 67 years of diplomatic relations between our two countries. Malaysia and the Netherlands share a relationship grounded in mutual respect and cooperation.
H.E. Mr. Sekul Unal, Ambassador of Turkey, H.E. Mr. Mayerfas, Ambassador of Indonesia, H.E. Ambassador Roseli Abdul of Malaysia, H.E. Ms Sahar Ghanem, Ambassador of Yemen and Dean of the Diplomatic Corps, H.E. Mr. Huong Nam Ngo, Ambassador off Vietnam, and the Ambassador of the Kingdom of Thailand H.E. Mr. Asi Mamanee.Mrs. Khadijah Kok Abdullah, Ambassador of Malaysia’ Spouse
Our partnership extends across various sectors: trade, investment, education, and culture. The Netherlands remains one of Malaysia’s top trading partners in Europe, and Dutch companies have long been invested in Malaysia’s growth story, particularly in sectors like technology, agriculture, and green energy.
Beyond economics, what truly strengthens our ties is the people-to-people connection. I see many of you here tonight, fellow Malaysians who have made the Netherlands your second home, contributing to the local society while staying deeply connected to our beloved Malaysia. The Malaysian community here is an integral part of the fabric of our bilateral relations, and I cannot express how proud I am of all of you for carrying Malaysia’s name with such pride and grace.
To our Dutch friends and partners, thank you for your continuous support and friendship. Let us continue to work hand in hand to create a brighter future for both our countries.
As we come together to celebrate 67 years of Malaysia’s independence and reflect on the path ahead, let us not forget the unity that has brought us this far. Under the vision of Malaysia MADANI and with strong partnerships like the one we share with the Netherlands, I am confident that Malaysia will continue to shine as a beacon of hope, progress, and unity.
During celebration dinner, Malaysia 67 Anniversary.
Before I conclude, allow me to share a pantun, a traditional form of Malay poetry, often used to convey meaningful messages in an elegant, rhythmic form. It reflects the beauty of our culture, and tonight, I offer this pantun as a closing tribute to our shared hopes for the future.
By H.E. Mr. Tan Jian, Ambassador of the People’s Republic of China to the Kingdom of the Netherlands
Recently, the head of the relevant department of the Taiwan authorities published an article in Dutch media, deliberately distorting and challenging one-China principle and UNGA Resolution 2758, trumpeting the notion that Taiwan`s status is undetermined, and advocating support for Taiwan`s participation throughout the UN system.
In view of this, it is more than necessary to explain this important question and clarify its root cause to our Dutch friends.
In 1971, Resolution 2758 was adopted at the 26th Session of the UN General Assembly stated in black and white that it “decides to restore all its rights to the People’s Republic of China and to recognize the representatives of its Government as the only legitimate representatives of China to the United Nations, and to expel forthwith the representatives of Chiang Kai-shek from the place which they unlawfully occupy at the United Nations and in all the organizations related to it.” If China’s representation at the UN does not include Taiwan, why should “the representatives of Chiang Kai-shek” be expelled from the UN? And Taiwan, as a part of China, did not need to be singled out in the resolution, just like Hawaii or Alaska that were not mentioned in the representation of the US.
The resolution made it clear that the government of the People’s Republic of China is the sole legal government representing the whole of China at the UN; Taiwan is not a country but a part of China’s territory. It makes clear Taiwan’s status as a non-sovereign entity. UNGA Resolution 2758 resolved once and for all politically, legally and procedurally the issue of the representation of the whole of China, including Taiwan, at the UN. The resolution also made clear that there can only be one seat representing China at the UN and precluded the possibility of “two Chinas” or “one China, one Taiwan.”
For decades, the UN and its agencies have abided by UNGA Resolution 2758, firmly upheld that Taiwan is a province of China, and denied the so-called international representation claimed by the Taiwan authorities. In bilateral relations too, the one-China principle serves as the political and legal foundation of Sino-Dutch relations, as well as China`s diplomatic ties with 183 countries all over the world.
In recent years, the separatist forces of China’s Taiwan Region were attempting to invent a whole set of false narratives to mislead international public opinion, as what they were trying to do in the Dutch media. But fifty years on, anyone who attempts to challenge the historical and legal fact will only embarrass themselves in the face of a much broader-based international consensus and wide support for the just cause. Challenging the One-China principle will end up nowhere and turning back the wheel of history will not succeed. China will never allow anyone or any force to separate Taiwan from the motherland in any way.
This year marks the 10th anniversary of the establishment of the Open and Pragmatic Partnership for Comprehensive Cooperation between China and the Netherlands. The key to our sound development of bilateral relations is mutual understanding and support on issues involving each other’s core interests and major concerns. It is our expectation that the Netherlands could keep its promise of One-China principle, so that our two countries could further strengthen cooperation and deepen friendship.
As we delve deeper into the digital age, personal data has become the most coveted commodity. The once intangible promise of technology now faces the harsh reality of data exploitation, where privacy is eroded and the commodification of personal data mirrors the extraction of natural resources. By recognizing this growing threat, in May 2018 the European Union (EU) implemented the General Data Protection Regulation (GDPR), a legal framework that seeks to safeguard individual rights, ensure privacy in the digital era and inspire global change.
Data has become the fuel driving the global economy, yet privacy has become the collateral damage of global development. Cyberspace has been brutalized by rapid monetization and weaponization. For instance, corporations and governments have capitalized access to personal information and individuals are left with minimal control of vast amounts of personal data. In this case, GDPR has shaped the global conversations of data governance, which has become the blueprint for privacy regulations worldwide, providing individuals major control over their data they are using.
Its impact has been evident not only within the EU, but also in regions such as Southeast Asia and Indonesia, nations that look to adopt similar frameworks. GDPR seeks to restore the balance of data, creating a legal framework that empowers individuals and takes into account how data is collected, used and stored in corporations and governments. This accountability is critical because, according to the Journal of the Cyber Policy, in this digital era where data is being misused, data protection is essential for ensuring digital trusts and the integrity of online ecosystems (Ford, 2019). This sets a global standard, the EU has inspired distinct regions, prioritizing that data protection is now a fundamental human right.
Beyond Europe, the GDPR’s influence has reverberated across various regions. Southeast Asia and Indonesia, for example, have adopted similar frameworks to enhance data protection and digital trust. But the ripple effect is perhaps most significant in Latin America, where countries are increasingly aligning their data protection laws with international standards. Brazil’s Lei Geral de Proteção de Dados (LGPD), enacted in 2020, mirrors many of GDPR’s key provisions, while Mexico’s comprehensive updates to its data protection laws signal a commitment to aligning with global expectations. Argentina, recognized for its early adoption of privacy regulations, continues to revise its framework to meet GDPR standards, while Colombia’s Law 1581 and Ecuador’s new Organic Law on Data Protection are testaments to the region’s growing focus on protecting individual rights in the digital landscape.
As Latin American countries continue to strengthen their regulatory frameworks, they are not only protecting the privacy of their citizens but also positioning themselves as key players in the global digital economy. This regional evolution demonstrates how GDPR has inspired a global movement toward prioritizing data protection as a fundamental human right, shaping the future of data governance across the Western Hemisphere and beyond.
Latin America and GDPR Influence
Latin America, like many regions around the world, has faced significant challenges in the implementation of comprehensive data protection laws. However, GDPR has had a noticeable ripple effect across the continent, influencing countries to adopt similar frameworks. Latin American countries, driven by the need to modernize their data protection frameworks to facilitate international trade and digitalization, have increasingly aligned their laws with GDPR principles.
One of the most prominent examples of GDPR’s influence is Brazil’s Lei Geral de Proteção de Dados (LGPD), which came into force in 2020. Modeled closely on GDPR, the LGPD sets out comprehensive rules for how personal data must be collected, processed, and stored. It grants individuals the right to access, correct, and delete their data, similar to the rights conferred under GDPR. The LGPD also imposes significant fines on companies that fail to comply, mirroring GDPR’s strict enforcement mechanisms. The Brazilian government has established the Autoridade Nacional de Proteção de Dados (ANPD), the national data protection authority, which is responsible for ensuring compliance with LGPD and addressing privacy violations (Marini & Figueiredo, 2019).
Brazil has already seen cases that test the effectiveness of the LGPD. One of the first major data breaches under LGPD involved a leaked database containing the personal information of over 200 million Brazilians. The breach, which occurred in early 2021, exposed names, addresses, and sensitive tax information. The ANPD launched an investigation into the breach, highlighting how seriously the country is taking data protection in this new regulatory environment (Braga, 2021). The incident also underscored the growing need for Latin American nations to adopt robust frameworks to address such large-scale breaches and protect citizens’ privacy.
In Mexico, the Federal Law on the Protection of Personal Data Heldby Private Parties, passed in 2010, serves as the foundation of the country’s data protection regime. Though it predates GDPR, the law shares many similarities, including provisions on data portability, the right to rectification, and stringent penalties for non-compliance. In recent years, Mexico has been working to update its framework to better align with GDPR and strengthen protections for personal data, especially in light of increasing cross-border data flows with the EU (Reding, 2021).
Argentina was one of the first countries in Latin America to adopt a comprehensive data protection framework with its 2000 Personal Data Protection Act (PDPA). Recognized by the EU as offering an “adequate level of protection” for data transfers, Argentina has maintained strong privacy standards. In 2018, Argentina announced plans to update its PDPA to further align with GDPR, as it seeks to enhance its competitiveness in the global digital economy (Belli, 2021). Argentina’s existing framework already provides individuals with the right to access, correct, and delete their data, but the proposed reforms will add more stringent requirements for data controllers, especially in terms of obtaining explicit consent and strengthening the role of the data protection authority.
Colombia, one of the most digitally advanced countries in Latin America, also has a robust data protection regime. In 2012, Colombia enacted Law 1581, also known as the “Habeas Data Law,” which provides a comprehensive framework for the protection of personal data. The law is similar to GDPR in several respects, including granting individuals the right to access, rectify, and delete their data. Colombia’s Superintendence of Industry and Commerce (SIC) serves as the regulatory body for data protection and has been actively enforcing the law, with significant penalties imposed on companies for data breaches and misuse (García, 2021).
Colombia has embraced GDPR’s influence, particularly in its emphasis on data security and the need for transparency in the handling of personal information. For example, in 2019, the SIC imposed a major fine on a Colombian telecommunications company for failing to comply with data protection laws, demonstrating the country’s commitment to ensuring data privacy. Colombia is currently exploring updates to Law 1581 to strengthen it further, with a focus on adapting to emerging technologies such as artificial intelligence (AI) and big data analytics (García, 2021).
In Ecuador, data protection has historically been weaker than in some of its neighbors, but the country is now making strides toward establishing a comprehensive framework. In 2021, Ecuador enacted its first-ever data protection law, the Organic Law on Data Protection (OLDP), which took inspiration from GDPR. This law establishes clear rules for data processing, requiring companies to obtain consent before collecting personal data and allowing individuals to request the deletion of their data under certain circumstances (Sánchez, 2021). Ecuador’s move toward GDPR-like legislation is seen as a significant step forward in a country where data breaches have become more common in recent years.
For example, in 2019, Ecuador experienced one of the largest data breaches in its history, involving the personal information of over 20 million people, including deceased individuals and children. The breach highlighted Ecuador’s vulnerability to cyberattacks and the urgent need for a comprehensive data protection framework. The OLDP is intended to address these vulnerabilities by providing clearer guidelines for data controllers and empowering individuals to take control of their personal information (Sánchez, 2021).
Privacy in the Digital Economy
Digital economies that are rapidly expanding, such as ASEAN regions, GDPR is an essential guide for shaping privacy laws. In 2012, the ASEAN Human Rights of Declaration adopted the protection of personal data as a fundamental right, reflecting a regional acknowledgment of the need for more builded privacy protections (ASEAN, 2012). On the other hand, countries like Indonesia, with a burgeoning e-commerce market, face similar challenges similar to those that GDPR seeks to address. For example, in 1945 the Indonesian Constitution mandated the protection and welfare of its citizens, which aligns with the GDPR’s key principles of privacy and human dignity. As the government of Indonesia emphasizes, Indonesia’s law No.11 of Information and Electronic Transactions details the importance of extra-territorial jurisdiction in regulating cross-border data flows. This is critical since digital data transactions increasingly cross national borders. Yet, by adopting comprehensive privacy laws that go in hand with GDPR, Indonesia could strengthen its data governance and rank itself as a leader in Southeast Asia’s digital economy.
Latin American countries also find themselves in a similar position. As digital economies expand in Brazil, Mexico, and Argentina, the adoption of GDPR-like regulations is becoming more urgent. These regulations are critical for establishing trust in digital transactions and creating a foundation for long-term economic growth. Data protection frameworks modeled on GDPR are essential for fostering international business relationships, particularly with regions like the EU, where data privacy standards are high (Reding, 2021). By aligning with GDPR, Latin American countries not only protect their citizens’ rights but also position themselves as competitive players in the global digital economy.
Cryptography and Data Security
Besides privacy, cryptography is an essential tool for data protection nowadays. In this case, GDPR emphasizes the need for the organizations to adopt strong encryption practices in order to safeguard data from cyber threats (European Union, 2018). Cryptography has two purposes: protect civilian data and ensure national security. This is essential because for countries like Indonesia, the balance between privacy and national security is extremely delicate. As stated by The Jakarta Post, Indonesia has already begun to develop policies to aim for a well developed cybersecurity process, but more comprehensive regulations should also be standardized since they are needed to protect personal data effectively (2019).
Similarly, in Latin America, data security is an increasingly important concern. With the rise of digital transactions and the growth of e-commerce, Latin American countries are beginning to implement encryption standards to protect sensitive data. Brazil’s LGPD includes provisions for data security and mandates that organizations adopt measures to safeguard personal data, including the use of cryptography. These developments are crucial for ensuring that data is protected from breaches and cyberattacks, which have become more frequent across the region (Marini & Figueiredo, 2019).
Overall, GDPR provides a valuable model. It explains and regulates organizations to notify authorities immediately in the event of a data breach, meanwhile ensuring transparency and accountability. In addition, GDPR highlights data minimization, this requires organizations to collect only the necessary data for their operations, which sets a crucial standard for reducing any risk associated with data misuse.
The Right to be Forgotten
The right to be forgotten and data probability are mechanisms introduced in GDPR, which allows individuals to control their personal data in an efficient manner. According to the European Union, these rights empower citizens to request their transfer of data from one organization to another, and have the right to erase their data if needed; this provides citizens a sense of ownership in the digital realm (2019). Furthermore, as noted by the Journal of Law and Cyber Warfare, the right to be forgotten is particularly relevant in the context of social media, since in this platforms vast amount of personal information is being shared an often misused (Zimmerman, 2020).For example, in Indonesia these provisions are crucial because they address the growing concerns around data misuse and ensures citizens they are protected from unauthorized data exploitation. Implementing a robust right to be forgotten, Indonesia, and many other countries, are protecting its citizens from the long term consequences of data misuse.
The Caribbean and Latin America are also witnessing the growing importance of the right to be forgotten. Brazil’s LGPD, for instance, grants individuals the right to request the deletion of their data when it is no longer needed, mirroring GDPR’s provisions. This right is especially relevant in the context of online platforms and social media, where personal data can be easily misused (Marini & Figueiredo, 2019). As Latin American countries continue to implement GDPR-like frameworks, the right to be forgotten will become an essential tool for protecting citizens’ digital rights.The right to be forgotten is not only about protecting privacy but also about safeguarding human dignity.
A Global Blueprint
Moreover, GDPR has set new standards by balancing the rights of individuals with the interests of businesses and governments. GDPR represents a global shift in how personal data is managed. For instance, in Southeast Asia, its spillover effect is evident, this is because these types of countries are beginning to recognize the importance of comprehensive data protection frameworks. The ASEAN region, which is home to one of the world’s fastest-growing digital economies, stands to benefit immensely from adopting GDPR-like regulations. By prioritizing privacy and data security, ASEAN nations can foster greater trust in digital transactions and position themselves as leaders in the global digital economy.
This similar trajectory is being followed in Latin America. By implementing GDPR-inspired frameworks, countries like Brazil, Mexico, and Argentina are not only protecting their citizens’ digital rights but also positioning themselves as competitive players in the global digital marketplace. The adoption of GDPR-like laws in Latin America is essential for fostering trust in digital transactions, ensuring compliance with international standards, and protecting the rights of individuals in an increasingly interconnected world (Reding, 2021).
Latin America: Looking Ahead
As Latin America continues to develop its digital infrastructure and integrate more deeply into the global economy, data protection will become an increasingly critical issue. The region’s adoption of GDPR-like frameworks, as seen in Brazil, Argentina, Mexico, Colombia, and Ecuador, reflects a growing recognition of the importance of data governance in the digital age. However, Latin American countries face unique challenges in implementing these frameworks, including the diversity of legal systems, varying levels of technological development, and limited resources for enforcement.
Looking ahead, Latin American countries will need to address these challenges by building stronger enforcement mechanisms and ensuring that data protection authorities have the resources and expertise necessary to oversee compliance. Furthermore, as the region continues to embrace new technologies such as AI and the Internet of Things (IoT), existing data protection frameworks will need to be updated to reflect the complexities of data flows in an increasingly interconnected world.
Latin America’s journey toward GDPR-like data protection frameworks is a work in progress, but the region is on the right path. As countries continue to strengthen their laws and align with international standards, they will not only enhance their citizens’ digital rights but also position themselves as competitive players in the global digital economy. The future of data protection in Latin America will hinge on the region’s ability to balance privacy rights with economic growth, ensuring that personal data is protected while fostering innovation and investment.
The lessons from Europe’s GDPR and its counterparts in Latin America extend beyond these regions, offering a global blueprint for balancing individual rights with the interests of businesses and governments. By safeguarding privacy in the digital age, GDPR has catalyzed the adoption of similar frameworks in countries like Indonesia, Brazil, Mexico, and Argentina. These countries recognize that data protection is essential for fostering trust, innovation, and economic growth in an increasingly interconnected world.
The digital age presents both unprecedented opportunities and risks. Individuals today are more vulnerable to data exploitation, as vast amounts of personal information are collected, processed, and stored by corporations and governments. The risks associated with data misuse are significant, ranging from privacy violations to identity theft and the erosion of personal autonomy. GDPR, by providing a comprehensive legal framework for data protection, has addressed many of these concerns, ensuring that individuals retain control over their personal data.
Furthermore, GDPR-inspired regulations in Latin America, such as Brazil’s LGPD and Argentina’s data protection reforms, demonstrate how global privacy standards can empower citizens and ensure accountability. These frameworks emphasize the importance of transparency, consent, and data minimization, creating a more secure digital ecosystem where individuals’ rights are prioritized.
However, the adoption of GDPR-like regulations is not only about protecting personal data—it’s about fostering trust in digital economies. As technology continues to evolve, the ethical handling of personal data will be critical for maintaining public trust and ensuring that digital innovation benefits society as a whole. Governments worldwide must invest in enforcement mechanisms, educate citizens about their rights, and collaborate to create interoperable data protection frameworks.
Ultimately, the adoption of comprehensive data protection regulations like GDPR ensures that the digital world remains a space for innovation, freedom, and trust. By safeguarding privacy and promoting responsible data governance, governments can help shape a future where technology enhances human dignity, economic growth, and global connectivity, while protecting citizens from the growing risks of the digital age.
Anis H. Bajrektarevic is chairperson and professor in international law and global political studies, Vienna, Austria. He has authored nine books (for American and European publishers) and numerous articles on, mainly, geopolitics energy and technology. Professor is editor of the NY-based GHIR (Geopolitics, History and Intl. Relations) journal, and editorial board member of several similar specialized magazines on three continents. His 10th book ‘Justice and Home Affairs Diplomacy’ is scheduled for release later this year in New York.
Valentina Carvajal Caballero, Colombia ’s Universidad de Los Andes.
Valentina Carvajal Caballero of the Colombia ’s Universidad de Los Andes, is specializing in communication and digital media. As an Information Officer at IFIMES, she applies her expertise in research and digital transformation to advance the organization’s goals. Founder of Clan Nativus Phydigital Agendas, Valentina combines her entrepreneurial drive with a deep understanding of Latin American digital landscapes to promote positive change through technology.
The views expressed in this article are those of the authors and do not necessarily reflect the official position of IFIMES.
Ljubljana/Vienna/Caracas, 30 September 2024
Footnote: [1] IFIMES – International Institute for Middle East and Balkan Studies, based in Ljubljana, Slovenia, has a special consultative status with the United Nations Economic and Social Council ECOSOC/UN in New York since 2018, and it is the publisher of the international scientific journal “European Perspectives.”
More than 600 people visited the International Criminal Court on Sunday, 22 September 2024, when it opened its headquarters for The Hague’s Just Peace Open Day. Women, men and children of different ages and nationalities, including Dutch nationals and members of the international community based in The Hague, had the opportunity to learn more about the Court and Trust Fund for Victims’ work and be inspired to help build a more just world.
Highlights this year included an interactive session with staff in the main ICC Courtroom, insightful information on the work of the Trust Fund for Victims, an area featuring jobs, internships and visiting professional positions, and educational activities for children and youth.
Just Peace Open Day is part of The Hague’s Just Peace Yearly program, which is a collaboration between The Hague Humanity Hub and the City of The Hague – the Court’s host city – along with other contributing organizations.
Each year, Open Day gives the public the opportunity to learn more about the functioning and aims of the various international institutions and non-governmental organizations based in the city. The Hague, long known as the City of Peace and Justice, has been hosting the ICC since 2002. The city and its surrounding area are now home to over 160 international organizations.
The ICC is the first permanent, treaty-based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community, namely war crimes, crimes against humanity, genocide and the crime of aggression.
For two days, ICRC experts, medical experts, doctors and medical practitioners, legal advisors, human rights lawyers, prison administrations and other medical and detention stakeholders from national, regional and international settings were present. More than 55 external participants from 38 organizations coming from the regions of Africa, Asia-Pacific, Latin America and the Caribbean, Western Europe and Other States with expertise in medical and detention fields attended the seminar.
Participants shared their expertise, lessons learned and best practices on medical matters in detention environments, and engaged in fruitful discussions on key medical issues at the ICC Detention Centre, with a view of promoting the highest standards of detention and strengthening the Court’s mandate.
The seminar was opened by Judge Reine Alapini-Gansou, Second Vice-President of the ICC, who stressed that the right to health is a fundamental human right and that, at the Court, the living conditions of the detained persons at the ICC Detention Center are a high priority. She further emphasized that the seminar offers a unique opportunity to discuss the triangular interaction between detained persons, medical practice and criminal justice.
In his opening remarks, Registrar Osvaldo Zavala Giler, highlighted that the seminar “provides a crucially important platform for exchanges in a particularly sensitive and complex interdisciplinary area”, noting further that the participation and diverse background of the participants made this seminar “meaningful and impactful, and gives the ICC the opportunity to identify areas in which to make further progress in light of evolving developments in custodial settings”.
Speakers included Judge Nancy Hernández López, President of the Inter-American Court of Human Rights, who delivered in a keynote presentation about an approach to specific medical requirements in detention from a human rights perspective in the Inter-American system of human rights.
