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Updating the Authentication of Digital Evidence in the International Criminal Court

In: International Criminal Law Review
Author:
Rafael Braga da Silva United Nations International Residual Mechanism for Criminal Tribunals, The Hague, The Netherlands, rafaelbragasilva@gmail.com

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Abstract

This paper discusses the issue of authenticity of digital evidence in the icc. While some types of digital evidence have been used at the icc, some challenges persist. icc Chambers have used old methods of verifying the authenticity of physical documents to analyze pieces of digital evidence. These practices do not fully grasp the issue of authenticity in relation to a piece of digital evidence, which may require specific practices and technologies. This paper discusses how icc judges can update its practices in order to address such issue. With an ever-growing use of digital evidence in its courtroom, it is essential for icc Judges to develop solid practices that allow them to fully examine the authenticity of a piece of digital evidence. This paper claims that such adaptations may require capacity-building for judges, as well as changes in the evidence management system and in the icc legal framework.

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