Intercepted Communications in the Ongwen Case: Lessons to Learn on Documentary Evidence at the icc

In: International Criminal Law Review
Diletta Marchesi Leuven Institute of Criminology (LINC), KU Leuven, Herbert Hooverplein 9 - bus 3418, 3000 Leuven, Belgium,

Search for other papers by Diletta Marchesi in
Current site
Google Scholar
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution


Buy instant access (PDF download and unlimited online access):



In the Ongwen judgment, the International Criminal Court (icc) deemed ‘highly probative evidence’ the Lord’s Resistance Army radio communications intercepted. However, the Defence had argued that it was unreliable evidence for several reasons. After considering the definition and regulatory framework governing the admission and assessment of documentary evidence at the icc and retracing the road intercept evidence made from Uganda to the Ongwen trial, the article will analyse the issues posed by intercept evidence, including some of the challenges the Defence raised against their reliability. The objective is to call attention to the overlooked concerns the interception of communications during the period to which the charges refer may give rise to at the icc, in particular, in terms of reliability. The article argues that intercepted communications’ peculiar weaknesses require specific attention. As a consequence, their reliability and weight should be assessed with circumspection in the overall evidentiary context.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 641 239 18
Full Text Views 114 31 2
PDF Views & Downloads 276 77 7