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Digital evidence and fair trial rights at the International Criminal Court

Published online by Cambridge University Press:  20 March 2023

María de Arcos Tejerizo*
Affiliation:
Pérez-Llorca Abogados - Litigation and Arbitration Department
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Abstract

International criminal proceedings are witnessing an increase in the use of digital sources of evidence at trial, and it is expected that digital evidence will shape the outcome of upcoming decisions of international criminal tribunals. Digital footage may arguably enhance the efficiency of international crimes investigations. However, the high expertise required to access, analyse, and assess digital materials may widen the gap between the prosecution and the defence, thus undermining fair trial rights. This article examines, in the context of proceedings before the International Criminal Court, the impact that the overreliance on digital evidence may have on the principle of equality of arms, and how such a situation might be alleviated.

Information

Type
ORIGINAL ARTICLE
Copyright
© The Author(s), 2023. Published by Cambridge University Press on behalf of The Foundation of the Leiden Journal of International Law in association with the Grotius Centre for International Law, Leiden University