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Expert Seminar 1: Paper on Reliability Challenges in ICC Proceedings regarding OSINT $7.31
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Expert Seminar 1: Paper on Reliability Challenges in ICC Proceedings regarding OSINT
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  • Course
  • Expert Seminar 1 (R_EXPS1)
  • Institution
  • Vrije Universiteit Amsterdam (VU)

Grade: 8 This essay poses a critical analysis of the challenges related to reliability in the admissibility of evidence in international criminal proceedings of the ICC.

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Document information

  • November 13, 2024
  • 18
  • 2023/2024
  • Essay
  • Unknown
  • 8-9

Subjects

  • open source investigation
  • osint
  • icc proceedings
  • international criminal court

Written for

  • Vrije Universiteit Amsterdam (VU)
  • International Crimes, Conflict and Criminology
  • Expert Seminar 1 (R_EXPS1)
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Reliability Challenges in ICC Proceedings:


A Focus on Open Source Evidence




Teuntje Wenting (2818359)


Faculty of Law, Vrije Universiteit Amsterdam


R_ExpS1: Expert Seminar 1


January 29, 2024




Word count: 3455

, Introduction

Over recent years, core international crimes, including genocide, war crimes, crimes

against humanity, and the crime of aggression (International Criminal Court [ICC], 2002), are

being perpetrated across the world. Still, the lack of evidentiary material concerning

international crimes creates impediments in the initiation of international criminal

procedures. As a result, the issue of obtaining sufficient evidence to facilitate future

investigations and prosecutions of international crimes remains (Hamilton, 2018).

The utilization of technology to secure evidence for the commission of international

crimes, in addition to witness and victim testimonies, is a well-established practice in

international criminal justice. The International Military Tribunal for Nuremberg was the first

to rely on documentary evidence, such as photographs, films, and government- and military

records. This laid the groundwork for future international criminal cases, and the creation of

International Criminal Tribunals for the former Yugoslavia (1993) and Rwanda (1994)

followed. The reliance on digital evidence progressed, and the use of more advanced methods

in forensic science and satellite imagery intelligence became widespread within the tribunals.

The recent proliferation and progress in technology, coupled with evidentiary issues named

above have increased the reliance on digital evidence in international criminal processes

(Freeman, 2018).

Open source evidence has become an integral part of modern digital investigations,

including those carried out by the International Criminal Court (ICC) (Freeman, 2018;

McDermott et al., 2021). The Berkeley protocol, which incorporates the first universal

comprehensive standards on open source investigations, defines open source information as

information that any member of the public can observe, purchase or request, without

requiring special legal status or authorized access. Open source evidence is open source

information with evidentiary value that may be admitted in order to establish facts in legal

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