International Legal Principles and Challenges Regarding the Use of Digital Evidence in Proceedings to Hold Perpetrators Accountable for War Crimes

Abstract

This article analyses international legal approaches to the use of digital evidence in cases involving war crimes, as well as the challenges associated with its collection, verification, admissibility and assessment in international and national courts. It has been established that the digitalisation of criminal justice has significantly expanded the possibilities for documenting international crimes, but at the same time has brought to the fore issues of the authenticity of digital materials, procedural safeguards and the protection of human rights. Video recordings, satellite imagery, social media materials and OSINT tools are of particular importance as sources of evidence.
The practice of the ECHR and the ICC regarding the assessment of digital evidence has been analysed. It has been established that international judicial practice is only beginning to shape approaches to its use, and universal standards of admissibility are currently lacking. This leads to the varying application of criteria for assessing evidence across different jurisdictions and complicates the formation of a unified international practice. The need to unify the rules for verifying digital materials and OSINT verification procedures is substantiated.
Particular attention is paid to the prospects for the application of artificial intelligence in the field of international criminal justice. It is emphasised that machine learning technologies can be used to search for, systematise and analyse large sets of digital data. It is established that the digitisation of the evidence base in proceedings concerning war crimes is a sustained and irreversible trend, which significantly enhances the effectiveness of international justice.
It was emphasised that the potential of artificial intelligence must be harnessed as effectively as possible in the public interest, using machine learning technologies to assist investigators in searching for, organising and analysing relevant materials. The International Criminal Court is already integrating artificial intelligence tools to identify patterns within the evidence base as part of the digital initiative “Project Harmony”. The conclusion states that such initiatives require active support from states, technology corporations and civil society in order to establish a modern digital infrastructure that will enable the effective use of user-generated content to bring those responsible for international crimes to justice.