Open Access Research Article
ADVANCING PROTECTION: ROLE OF ARTIFICIAL INTELLIGENCE IN SAFEGUARDING WOMEN AND CHILDREN UNDER INTERNATIONAL HUMANITARIAN LAW
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Article Details
ADVANCING
PROTECTION: ROLE OF ARTIFICIAL INTELLIGENCE IN SAFEGUARDING WOMEN AND CHILDREN
UNDER INTERNATIONAL HUMANITARIAN LAW
AUTHORED BY
- MOUMALA BHATTACHARJEE
Assistant
Professor
Department
of Juridical Sciences, JIS University, Kolkata, West Bengal
CO-AUTHOR
-SAYANI CHATTERJI
Assistant
Professor
Department
of Juridical Sciences, JIS University, Kolkata, West Bengal
CO-AUTHOR -
SOMDATTA MUKHERJEE
Student
Department
of Juridical Sciences, JIS University, Kolkata, West Bengal
Abstract:
In the realm of armed conflict, women
and children endure unimaginable suffering, often falling victim to violence,
exploitation, facing threats ranging from sexual violence and forced
displacement. Despite the existence of international humanitarian law (IHL)
designed to shield civilians during wartime, the implementation and enforcement
of these protections remain a difficult challenge. International humanitarian
law (IHL) seeks to safeguard their rights and well-being during times of war,
yet implementation remains challenging. However, the emergence of artificial
intelligence (AI) presents new opportunities to strengthen the safeguarding of
women and children in conflict zones. This extensive article explores the
transformative potential of AI across various domains, including early warning
systems, risk assessment, monitoring, documentation, and accountability
mechanisms. Drawing on empirical evidence, case studies, and expert insights,
this article delves into the complexities, opportunities, challenges, and
ethical considerations associated with the integration of AI in efforts to
protect women and children under IHL.
AI plays a multifaceted role in
protecting civilians, especially women and children, under international
humanitarian law (IHL). From aiding in conflict prevention and early warning
systems to facilitating humanitarian assistance and protecting vulnerable
populations, AI technologies have the potential to significantly impact the
implementation and enforcement of IHL principles. This essay explores various
aspects of AI's role in safeguarding civilians within the framework of IHL.
In recent years, the integration of
AI into humanitarian efforts has emerged as a promising avenue for bolstering
the protection of vulnerable populations under IHL. AI technologies, with their
capacity for data analysis, predictive modeling, and automation, offer new
opportunities to anticipate, prevent, and respond to threats faced by women and
children in conflict-affected contexts. This article provides a comprehensive
examination of how AI can be harnessed to enhance the protection of women and
children under IHL, delving into various applications, challenges, and ethical
considerations.
KEYWORDS: International
Humanitarian Law, Artificial Intelligence, Women Protection, Children
Protection, Human Rights
Introduction:
In conflict-ridden regions worldwide,
women and children often find themselves on the front lines of suffering, enduring
the most severe consequences of armed conflict. Despite the existence of legal
frameworks such as international humanitarian law (IHL) aimed at safeguarding
civilians during war, violations against women and children persist unabated.
However, the advent of artificial intelligence (AI) heralds a new era in
humanitarian response, offering unprecedented capabilities to anticipate,
prevent, and mitigate threats faced by vulnerable populations. This
comprehensive article explores the multifaceted role of AI in enhancing the
protection of women and children under IHL, examining its applications,
challenges, and ethical implications.
International humanitarian law (IHL)
serves as a beacon of hope in times of conflict, aiming to mitigate the horrors
of war and protect the most vulnerable, including women. Women often face
unique challenges during armed conflicts, including sexual violence,
displacement, and loss of livelihoods. This article delves into the various
provisions of IHL specifically designed to safeguard the rights and dignity of
women in conflict zones, highlighting both achievements and ongoing challenges.
In times of armed conflict, children
are among the most vulnerable members of society, facing profound risks to
their safety, well-being, and future prospects. International humanitarian law
(IHL) serves as a crucial framework for protecting children in conflict
settings, establishing clear guidelines and principles to minimize the impact
of war on their lives. This article explores the multifaceted ways in which IHL
safeguards the rights and interests of children during armed conflicts,
addressing key provisions, challenges, and ongoing efforts to strengthen child
protection in humanitarian contexts.
Women need
shield under International Humanitarian Law: -
The roots of IHL can be traced back
to ancient civilizations, where codes of conduct sought to regulate the conduct
of war. However, it was not until the 19th and 20th centuries, with the
adoption of the Geneva Conventions and subsequent treaties that a comprehensive
legal framework for the protection of civilians in armed conflicts began to
emerge.[1]
Over time, the principles of IHL have evolved to address the specific needs and
vulnerabilities of women in conflict settings.
At the heart of IHL lies the
principle of humanity, which mandates the protection of all civilians,
irrespective of gender, from the effects of armed conflict. Additionally, the
principles of distinction, proportionality, and necessity govern the conduct of
hostilities, emphasizing the need to minimize harm to civilians, including
women and girls.[2]
Addressing Gender-Specific
Vulnerabilities:
Armed conflicts exacerbate existing
gender inequalities, subjecting women to unique forms of violence and
exploitation. From the deliberate targeting of women and girls for sexual
violence to the disruption of essential services like healthcare and education,
the impacts of conflict on women are profound and far-reaching. International
humanitarian law acknowledges these gender-specific vulnerabilities and seeks
to provide tailored protections to mitigate the risks faced by women in times
of war.
Protection from Sexual Violence:
One of the most egregious violations
of women's rights in conflict is sexual violence. IHL prohibits rape, sexual
slavery, enforced prostitution, and other forms of sexual violence as grave
breaches of the Geneva Conventions. International humanitarian law
unequivocally condemns such acts and seeks to hold perpetrators accountable.
The Rome Statute of the International Criminal Court recognizes sexual violence
as a war crime and a crime against humanity, signaling the international
community's commitment to combatting impunity for these heinous crimes.
Additionally, resolutions such as UN Security Council Resolution 1325 on Women,
Peace, and Security highlight the importance of preventing and addressing
gender-based violence in conflict settings.[3]
Ensuring Access to Humanitarian
Assistance:
Access to humanitarian assistance is
crucial for the survival and well-being of women affected by armed conflict.
International humanitarian law mandates parties to a conflict to allow and
facilitate the delivery of humanitarian aid to civilians, including women and
girls. This includes access to essential services such as healthcare,
reproductive health services, psychosocial support, and protection from
violence. Ensuring unhindered access to humanitarian assistance is essential
for addressing the specific needs of women and promoting their resilience in
the face of conflict-related challenges.
Protection of Maternal Health:
Pregnant women and new mothers are
particularly vulnerable in conflict zones, facing challenges in accessing
essential healthcare services. IHL requires parties to a conflict to ensure
access to medical care for pregnant women and mothers, including prenatal and
postnatal care, as part of their obligation to provide adequate healthcare to
civilians.[4]
Prevention of Displacement:
Armed conflicts often result in mass
displacement, with women and children constituting a significant proportion of
displaced populations. IHL prohibits arbitrary displacement and requires
parties to a conflict to ensure the safety and well-being of civilians,
including women, during displacement. Additionally, the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW) emphasizes the
right of women to protection and assistance in situations of armed conflict.[5]
Participation in Peace-building:
Women's participation in peace-building
and conflict resolution processes is essential for achieving sustainable peace
and addressing the root causes of conflict. IHL recognizes the importance of
women's involvement in decision-making processes related to peace and security,
emphasizing their role as agents of change in building inclusive and resilient
societies.
Existing Legal Framework on Women
Protection:
At the core of the international
legal framework for protecting women in armed conflict are the Geneva
Conventions of 1949 and their Additional Protocols. These foundational treaties
establish fundamental principles governing the conduct of hostilities and the
treatment of civilians, including women. Provisions such as the prohibition of
attacks on civilians, the principle of distinction between combatants and non-combatants,
and the requirement to provide humane treatment to all persons in the hands of
the enemy are essential for safeguarding the rights of women during armed
conflicts.
Challenges and Gaps:
Despite the progress made in
integrating gender perspectives into IHL, significant challenges and gaps
remain. Women continue to face barriers in accessing justice and reparations
for violations committed against them during armed conflicts. Moreover, the
implementation of IHL provisions related to women's rights often falls short
due to inadequate resources, capacity, and political will.
Children
safeguard required under International
Humanitarian
Law: -
In the grim theatre of armed
conflict, children are among the most vulnerable and deeply affected victims.
Their innocence is often shattered by the horrors of war, exposing them to
grave risks of violence, displacement, and deprivation. However, amidst the
chaos and devastation, international humanitarian law (IHL) stands as a beacon
of hope, providing essential protections to shield children from harm and
uphold their rights.[6]
The dilemma of Children in Conflict:
Armed conflicts have devastating
consequences for children, disrupting their lives, tearing apart families, and
robbing them of their childhoods. Children are exposed to a myriad of risks,
including recruitment as child soldiers, sexual violence, forced displacement,
and the deprivation of essential services such as education, healthcare, and
nutrition. The scars of conflict often leave lasting physical, psychological,
and emotional traumas that hinder children's development and prospects for a
better future.
At the core of IHL lies the principle
of humanity, which mandates the protection of all civilians, including
children, from the effects of armed conflict. Additionally, principles such as
distinction, proportionality, and necessity govern the conduct of hostilities,
emphasizing the need to minimize harm to children and ensure their special
protection.
Protection from Recruitment and Use
in Armed Forces:
One of the gravest violations of
children's rights in conflict is their recruitment and use as child soldiers.
IHL unequivocally prohibits the recruitment and use of children under the age
of 18 in armed forces or armed groups, recognizing them as victims deserving of
special protection. The Optional Protocol to the Convention on the Rights of
the Child on the involvement of children in armed conflict reinforces this
prohibition and calls for measures to prevent the recruitment and use of child
soldiers.
Protection from Violence and Abuse:
Children in conflict zones are
particularly vulnerable to various forms of violence and abuse, including
sexual violence, trafficking, and exploitation. IHL prohibits such acts and
establishes obligations for parties to a conflict to ensure the safety and
well-being of children. Moreover, the Convention on the Rights of the Child
(CRC) recognizes children's right to protection from all forms of violence,
abuse, and exploitation, regardless of their nationality or status.[7]
The Rome Statute of the International Criminal Court (ICC) identifies certain
acts of sexual violence as war crimes and crimes against humanity, underscoring
the international community's commitment to combating impunity for these
heinous crimes and providing justice and redress to victims.[8]
Access to Education and Healthcare:
Armed conflicts disrupt essential
services, including education and healthcare, depriving children of their right
to learn and access medical care. IHL mandates parties to a conflict to
facilitate the continued provision of education and healthcare services for
children, ensuring their access to quality education, immunization, and medical
treatment. Moreover, the CRC emphasizes children's right to education and
healthcare, calling for measures to mitigate the impact of armed conflict on
their development and well-being.
Ensuring Access to Humanitarian
Assistance and Education:
Amidst the chaos and devastation of
war, ensuring access to humanitarian assistance is critical for the survival
and well-being of children and their families. International humanitarian law
mandates parties to a conflict to allow and facilitate the delivery of humanitarian
aid to civilians, including children, ensuring access to essential services
such as healthcare, nutrition, shelter, and psychosocial support. Additionally,
education plays a vital role in protecting children from the risks of
recruitment, exploitation, and violence, offering them hopes for a brighter
future and the opportunity to rebuild their lives.
Family Reunification and Support:
Armed conflicts often result in the
separation of children from their families, exposing them to further risks and
vulnerabilities. IHL requires parties to a conflict to take measures to reunite
separated children with their families and provide them with appropriate care
and support. Additionally, the CRC recognizes the right of every child to know
and be cared for by their parents, emphasizing the importance of family
reunification and support in protecting children's rights during armed
conflicts.
Challenges and Gaps:
The cornerstone of the international
legal framework for protecting civilians in armed conflict is the Geneva
Conventions of 1949[9] and
their Additional Protocols. These treaties establish fundamental principles,
such as the prohibition of attacks on civilians and the requirement to
distinguish between combatants and non-combatants, which are essential for
safeguarding the lives and well-being of children in conflict zones.
Additionally, the Convention on the Rights of the Child (CRC) and its Optional
Protocol on the involvement of children in armed conflict offer comprehensive
protections for children affected by war, prohibiting their recruitment and use
as child soldiers and prioritizing their best interests in all decisions
affecting them.[10]
Despite the progress made in
integrating child protection into IHL, significant challenges and gaps persist.
Children continue to suffer disproportionately from the effects of armed
conflict, facing risks of recruitment, violence, displacement, and deprivation
of essential services. Moreover, the implementation of IHL provisions related
to child protection often falls short due to inadequate resources, capacity,
and political will.
Role of AI Enhance
the Protection of Women and Children under International Humanitarian Law:
Early Warning Systems:
Early warning systems serve as a
critical tool for identifying and responding to risks faced by civilians in
conflict zones, including women and children. One of the fundamental challenges
in protecting women and children in conflict zones is the ability to anticipate
and prevent violence before it occurs. AI-powered early warning systems offer a
proactive approach to identifying and mitigating risks to vulnerable
populations. By analyzing diverse data streams, including social media,
satellite imagery, and local reports, AI algorithms can discern patterns and
indicators of impending violence, such as mass displacement, armed
confrontations, or outbreaks of sexual violence. For instance, the United
Nations Office for the Coordination of Humanitarian Affairs (OCHA) has
harnessed AI to scrutinize social media data and forecast humanitarian crises
in real-time. By furnishing timely and actionable insights, AI-powered early
warning systems empower humanitarian organizations to deploy resources and
interventions judiciously, thereby expanding the protection of women and
children in conflict-affected regions.[11]
Enhanced Targeting Accuracy:
AI algorithms can improve the
precision of targeting in military operations, reducing the risk of civilian
casualties and collateral damage. By analyzing real-time data and identifying
potential targets with greater accuracy, AI-enabled weapons systems can adhere
more closely to the principles of distinction and proportionality under IHL,
thereby minimizing harm to civilians.
Addressing Bias and Discrimination:
AI can help prevent and respond to
gender-based violence (GBV) by analyzing data patterns to identify high-risk
areas and populations, improving the effectiveness of early warning systems and
targeted interventions. AI-powered chatbots and mobile applications can provide
support and information to survivors of GBV, connect them with relevant
services, and facilitate reporting mechanisms, thus enhancing access to justice
and support for women and children affected by conflict-related violence.
While AI has the potential to promote
gender equality and protect vulnerable populations; it can also perpetuate
biases and discrimination if not properly designed and regulated. Therefore, it
is essential to develop AI systems that are transparent, accountable, and
inclusive, taking into account diverse perspectives and ensuring that they do not
reinforce existing inequalities or discriminate against marginalized groups,
including women and children.
Capacity Building and Training:
AI can support capacity building and
training initiatives aimed at enhancing the knowledge and skills of humanitarian
workers, military personnel, and law enforcement officials regarding IHL
principles and their application in practice. AI-powered simulations and
virtual reality training programs can simulate complex scenarios, enabling
practitioners to develop critical decision-making abilities and ethical
judgment in situations involving the protection of civilians.[12]
Risk Assessment and Mitigation:
In addition to early warning systems,
AI contributes to the systematic assessment and mitigation of risks confronting
women and children in conflict zones. By sifting through vast troves of data,
encompassing demographic statistics, historical trends, and geospatial
information, AI algorithms can pinpoint areas characterized by heightened risks
of gender-based violence, child recruitment, or forced displacement.
Furthermore, AI facilitates predictive modeling and scenario analysis to
anticipate the ramifications of armed conflict on vulnerable populations,
thereby informing strategic decision-making by humanitarian actors. For
instance, the International Committee of the Red Cross (ICRC) has leveraged AI
to analyze satellite imagery and gauge the extent of damage to civilian
infrastructure, such as schools and hospitals, thereby prioritizing
humanitarian assistance accordingly. By enhancing the situational awareness of
humanitarian actors, AI equips them to adopt preemptive measures and mitigate
the perils confronting women and children in conflict-affected settings.
Monitoring and Documentation:
AI-driven technologies play a
critical role in monitoring and documenting human rights violations, including
those perpetrated against women and children. Through the analysis of
multimedia content, such as images and videos, AI algorithms can identify and
categorize instances of sexual violence, child exploitation, or attacks on
civilian infrastructure. Moreover, AI enables the geospatial mapping of
incidents to visualize trends and patterns of violence, facilitating
evidence-based advocacy and accountability efforts. For instance, the Human
Rights Watch (HRW) has employed AI to analyze satellite imagery and corroborate
eyewitness accounts of atrocities committed against women and children in
conflict zones. By automating the process of evidence collection and analysis,
AI strengthens the documentation of human rights violations and ensures that
perpetrators are held accountable for their actions.
AI technologies, such as remote
sensing and satellite imagery analysis, can monitor compliance with IHL
principles by detecting and documenting violations, including attacks on
civilians, sexual violence, and recruitment of child soldiers. By providing
objective evidence, AI-powered monitoring systems contribute to accountability
mechanisms and facilitate the prosecution of war crimes and human rights
abuses.
Accountability Mechanisms:
Furthermore, AI contributes to
enhancing accountability mechanisms for violations against women and children
under IHL. By automating the analysis of large-scale data sets, including court
records, witness testimonies, and forensic evidence, AI algorithms can identify
patterns of abuse and support legal proceedings against perpetrators. Moreover,
AI enables the identification of individuals involved in human rights
violations through facial recognition and biometric matching technologies. For
example, the International Criminal Court (ICC) has utilized AI to analyze
digital evidence, such as photos and videos, to identify and prosecute
perpetrators of sexual violence in conflict zones. By strengthening the accountability
of perpetrators, AI promotes deterrence and contributes to the prevention of
future violations against women and children in armed conflicts.
Protection and Assistance in Conflict Zones:
AI-powered drones and robotics are
increasingly used for delivering humanitarian aid and conducting search and
rescue operations in conflict zones. These technologies can access
hard-to-reach areas, deliver essential supplies, and provide medical
assistance, thereby protecting civilians, especially women and children, who
are disproportionately affected by armed conflict.[13]
Legal Challenges and Ethical
Considerations:
Despite its transformative potential,
the integration of AI into humanitarian efforts to protect women and children
under IHL is not without challenges and ethical considerations. Firstly, the
reliance on AI algorithms raises concerns about data bias and algorithmic
fairness, particularly in contexts marked by cultural, linguistic, and
socioeconomic diversity. Biases in data collection and algorithmic
decision-making may exacerbate existing inequalities and undermine the
effectiveness of AI-driven interventions. Moreover, the deployment of AI for
surveillance purposes raises concerns about privacy rights and data protection,
especially in conflict-affected areas with weak legal frameworks. Humanitarian
organizations must ensure that AI systems are transparently designed, ethically
deployed, and accountable to affected populations to mitigate these risks and
uphold the principles of dignity, autonomy, and consent.
The increasing reliance on AI in
conflict settings raises ethical and legal challenges related to
accountability, responsibility, and the attribution of decision-making
authority. Concerns have been raised regarding the autonomy of AI-enabled weapons
systems, their potential to escalate conflicts, and the lack of human control
and accountability in decision-making processes. Therefore, it is essential to
establish clear legal frameworks and regulatory mechanisms governing the
development, deployment, and use of AI technologies in armed conflict, ensuring
compliance with international humanitarian and human rights law.
Conclusion:
In conclusion, international
humanitarian law plays a crucial role in protecting women's rights and dignity
in conflict settings. Through its principles and provisions, IHL seeks to
mitigate the impact of armed conflict on women, prevent sexual violence, ensure
access to essential healthcare services, and promote women's participation in
peace building processes. However, ongoing challenges and gaps highlight the
need for continued efforts to strengthen the implementation of IHL and address
the specific needs and vulnerabilities of women in conflict-affected contexts.
By upholding the principles of humanity, distinction, and proportionality, IHL
reaffirms the commitment of the international community to safeguard the rights
and dignity of women in times of war and conflict.
In conclusion, the protection of
women under international humanitarian law is a cornerstone of efforts to
uphold human rights and promote peace and security in conflict-affected
regions. By recognizing and addressing the gender-specific vulnerabilities
faced by women in armed conflicts, IHL plays a crucial role in mitigating the
impact of war on women and advancing gender equality on a global scale. As the
international community continues to strive for a world free from the scourge
of armed conflict, it must reaffirm its commitment to protecting and empowering
women as agents of change and resilience in times of crisis.
In conclusion, the protection of
children under international humanitarian law is both a legal obligation and a
moral imperative. Upholding the rights and dignity of children in times of
conflict is essential for building a more just, peaceful, and sustainable
world. As the international community continues to grapple with the
complexities of armed conflict, it must reaffirm its commitment to protecting
children from harm and ensuring their rights and well-being are upheld and respected
in all circumstances. Only then can we truly fulfill our collective
responsibility to safeguard childhood and nurture the future generations who
will inherit the world we leave behind.
The integration of artificial
intelligence (AI) into humanitarian efforts holds immense promise in fortifying
the protection of women and children under international humanitarian law
(IHL). By harnessing AI's capabilities across diverse domains, including early
warning systems, risk assessment, monitoring, documentation, and accountability
mechanisms, humanitarian actors can markedly enhance their ability to
forestall, respond to, and address violations against vulnerable populations in
conflict zones. Nonetheless, the deployment of AI in humanitarian contexts must
be underpinned by principles of transparency, accountability, and respect for
human rights to ensure that its benefits are realized without compromising
fundamental tenets of dignity, autonomy, and justice. Through concerted
endeavors among governments, humanitarian organizations, technologists, and
local communities, AI can emerge as a potent instrument in the pursuit of
peace, security, and justice for women and children in times of conflict However,
to harness the benefits of AI while mitigating its risks and ethical
challenges, it is crucial to promote responsible and inclusive AI development,
strengthen legal frameworks, and ensure meaningful human oversight and
accountability in the use of AI technologies in conflict settings.
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Cross – Geneva Conventions and their commentaries (01 Jan, 2014) https://www.icrc.org/en/war-and-law/treaties-customary-law/geneva-conventions
(last visited on 12th Dec, 2023)
[2] Francoise Krill, International
Committee of the Red Cross, The Protection of
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International Review of the Red Cross, NO. 249, (31st Dec 1985) https://www.icrc.org/en/doc/resources/documents/article/other/57jmfj.htm
(last visited on 25th December, 2023)
[3] Office of the Special Adviser on
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[4] The Practical Guide to
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(last visited on 10th January, 2024)
[5] United nations Human Rights,
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(last visited on 14th December, 2023)
[6] Denise Plattner, International
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[7] United nations Human Rights,
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(last visited on 12th Dec., 2023)
[8] Rome Statute of the International
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(last visited on 10th Dec, 2023)
[9] Supra p. 3
[10] Supra p. 8
[11]United Nations Office for the
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(last visited on 10th Dec, 2023)
[12] Andrea Farres Jimenez, Embedding
Gender in International Humanitarian Law: Is Artificial Intelligence Up to the
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[13] Rowena Rodrigues, Legal and Human
Right Issues of AI: Gaps, Challenges and Vulnerabilities, Volume 4, (Dec, 2020)
https://www.sciencedirect.com/science/article/pii/S2666659620300056
((last visited on 22nd Dec,
2023)
Article Information
ADVANCING PROTECTION: ROLE OF ARTIFICIAL INTELLIGENCE IN SAFEGUARDING WOMEN AND CHILDREN UNDER INTERNATIONAL HUMANITARIAN LAW
Authors: MOUMALA BHATTACHARJEE, SAYANI CHATTERJI, SOMDATTA MUKHERJEE
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/03/07
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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