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- AhmadSoliman: Admissibility of Illegally Obtained Cyber Evidence at the ICC I. Introduction The International Criminal Court (ICC) is already grappling with questions about what types of cyber evidence will be admissible to the Court. Even more difficult questions about the admissibility of illegally obtained cyber information are on the horizon. The law governing the admissibility of illegally obtained cyber evidence contains several ambiguities, and new types of... (more)
- Steve Helmeci: The “Coming Storm”: Possibilities for Preserving Evidence of War Crimes Published on Major Online Service Providers I. Introduction There should be no greater windfall for criminal prosecutors, national or international, than the growth of the Internet as a tool for communication and networking. Potential evidence against perpetrators abounds: photos and videos posted by offenders, victims, and witnesses alike; personal... (more)
- glazera2020: Protecting Against Deepfakes: How the ICC Can Ensure Trust in the Verification and Use of Open-Source Evidence I. Introduction Digital devices have allowed ordinary civilians to become on-the-ground investigative reporters in almost every region of the world. Contemporaneous uploads of footage featuring protestors being tear-gassed in Hong Kong or Syrians fleeing from chemical warfare have allowed viewers all over the... (more)
- brittnewell: What Policies Should the Office of the Prosecutor Adopt in Receiving Cyber Evidence From User-Generated Evidence Gathering Apps to Help Protect Those Providing It? I. Introduction The rapid increase in the use of camera-equipped and internet-connected devices has enabled individuals to record far more information about their lives and their surroundings than ever before. This fundamental shift in information gathering is transforming... (more)
- Abhishek: Digital Evidence and the Use of Artificial Intelligence I. Introduction With the advent of new advancements in the technological world, it should come as no surprise that the primary source of information gathering and documentation is within the grasp of every individual. Internet and smartphones have virtually created journalists and investigators on every corner. International human rights and criminal prosecution organizations have... (more)
- marianava: Digital Evidence Repositories and Vulnerable Populations: How the Accumulation of Digital Evidence May Interact with the Privacy of Sexual Assault Survivors I. Introduction With the rise of digital technology, it is likely that the future of evidence collection at the International Criminal Court (ICC) will increasingly rely on digital evidence. This may take the form of videos, images, etc. (media) taken by victims or civil society... (more)
- Jill Mierke: The Promise and Problems of Open Source Evidence in ICC Investigations and Trials I. Introduction On August 15, 2017, the Pre-Trial Chamber of the International Criminal Court (ICC) issued an arrest warrant for senior Libyan military commander, Mahmoud Al-Werfalli.1 Al-Werfalli is accused of personally committing or ordering thirty-three murders in Benghazi between June 2016 and July 2017. Importantly, this is the... (more)
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