Digital Evidence And The International Criminal Court: Navigating Authenticity, Admissibility, And Accountability In An Era Of Technological Disruption

Abstract

The advent of digital technology has significantly altered the international criminal accountability landscape. In the context of international criminal law, evidence of war crimes and crimes against humanity is increasingly derived from satellite images, geospatial metadata, social media documentation, encryption, and open-source intelligence, as opposed to traditional state documentation. The ICC, under the Rome Statute, is forced to incorporate this new type of evidence into its investigative and prosecutorial mandate. However, this new reality of international criminal law also gives rise to critical and pertinent issues with respect to admissibility, authentication, and the preservation of the right to a fair trial. This chapter critically evaluates the institutional capacity of the ICC’s current evidential framework to address the epistemological and technological challenges associated with the advent of digital evidence. This chapter will argue that although the advent of digital evidence has democratized documentation and enhanced accountability, the ICC’s current framework requires enhanced procedural reforms to ensure technological innovation is aligned with the fundamental principles of international criminal law.