Case Western Reserve Journal of International Law 52 (2020) Crime as Cognitive Constraint administrative agencies. 177 The creation of Facebook’s Oversight Board also enriches the appeal process for content moderation decisions.178 This was also described as an effort to provide and diversify public reasoning, and offer a veil of legitimacy for Facebook’s content moderation decisions. 179 The state-like behavior of platforms in moderating users’ speech has thus generated state-like protections for content restrictions. These initiatives constitute voluntary techniques for companies to adopt at will. The application of international human rights law so far has been internal to the business of content moderation. In contrast, conversations on legal regulation of platforms operating in mass atrocity contexts have yet to occur widely. Current regimes of legal liability for incitement to genocide are also unable to translate the role of platforms into existing modes of criminal participation, which I shall now discuss. III. Critique One popular approach to fill the gap in corporate accountability is to turn to criminal law. For Karen Engle, the “turn to criminal law” has catapulted crime to become the dominant mode for evaluating gross human rights violations. 180 Human rights law presently situates the 177. Danielle Keats Citron, Technological Due Process, 85 WASH. U. L. REV. 1249, 1258 (2008). 178. Ben Gilbert, Facebook is Spending $130 Million to Create a ‘Supreme Court’ that Can Overrule Mark Zuckerberg - Here’s Everything We Know INSIDER (Feb. 16, 2020), About It, BUSINESS https://www.businessinsider.com/facebook-moderation-independentoversight-board-supreme-court-mark-zuckerberg-explained-2020-2. 179. Evelyn Douek, Facebook’s “Oversight Board:” Move Fast with Stable Infrastructure and Humility, 21 N.C. J. OF L. & TECH. 1, 17 (2019). 180. Karen Engle, Anti-Impunity and the Turn to Criminal Law in the Human Rights Agenda, 100 CORNELL L. REV. (2015); Frédéric Mégret, International Criminal Justice as a Juridical Field, 8 JUSTICE PÉNALE INTERNATIONALE 1, 2 (2016); Gideon Boas, What’s in a Word: The Nature and Meaning of International Criminal Justice’, in INTERNATIONAL CRIMINAL JUSTICE: LEGITIMACY AND COHERENCE (Gideon Boas, William A. Schabas & Michael P. Scharf eds., 2012) (noting the “extraordinary achievement” to build international criminal law “from next to nothing in under 20 years” and illustrating the victory of ICL through the tension between ICL and truth commissions); see also Karen Engle, Self-Critique, (Anti) Politics and Criminalization: Reflections on the History and Trajectory of the Human Rights Movement, in NEW APPROACHES TO INTERNATIONAL LAW: THE EUROPEAN AND AMERICAN EXPERIENCES (J.M. Beneyto & D. Kennedy eds., 2012) (narrating how peace and justice became pitted against each other and the turn to criminal law led to the trend of rejecting amnesties in the peace process context); David Kennedy, International Human Rights Movement: Part of the Problem?, 173