This is Part I of a two-part series on EFF’s comments to the International Criminal Court Office of the Prosecutor (OTP) about its draft policy on cyber-enabled crimes. As human rights atrocities around the world unfold in the digital age, genocide, war crimes and crimes against humanity are as heinous and wrongful as they were before the advent of AI and social media. We believe those who use digital tools to commit genocide, crimes against humanity, or war crimes should face justice. At the same time, EFF, along with our partner Derechos Digitales, emphasized in comments submitted to the OTP that safeguarding human rights must be integral to its investigations of cyber-enabled crimes. Yet many states’ current investigative practices fall short of international human rights standards.