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The Potential and the Challenges of Digital Evidence in International Criminal Proceedings

In: International Criminal Law Review
Author:
Kristina Hellwig Department of Law, School of Socio-Economics, Faculty of Business, Economics and Social Sciences, Hamburg University, Hamburg, Germany, Hamburg, Germany, Kristina.Hellwig@uni-hamburg.de

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Abstract

Technological achievements such as mobile phones, computers and the World Wide Web have become an integral part of our lives, and societies and are indispensable to many. These new technologies, and information derived from them, have a great potential to support the fact-finding process in the fields of international criminal law and human rights. Therefore, digital information such as satellite imagery, communication data, and user generated content, for example, videos and photography are becoming essential tools for international criminal investigation. This article examines the characteristics of digital and technology derived evidence and the implications these characteristics have on their use in international criminal procedure. It will illustrate the value and the challenges regarding the inclusion of digital evi dence in international criminal procedure.

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