The paper explores the use of digital evidence in proceedings for war crimes before the ICC. The chapter aims at analyzing both the increasing importance of such evidence in international criminal law practice and its limits. Specifically, the analysis focuses on the ongoing conflict between Russia and Ukraine. This type of evidence has not yet had a real opportunity to enhance the prosecution of war crimes before the ICC. In fact, currently the ICC is more confident to consider the digital evidence only if corroborated by other types of evidence relevant to the facts of the case. However, this might change with regard to such a conflict.
Digital Evidence in the Practice of the International Criminal Court: What Future for Proceedings on War Crimes Committed in Ukraine?
Khrystyna Gavrysh
2025
Abstract
The paper explores the use of digital evidence in proceedings for war crimes before the ICC. The chapter aims at analyzing both the increasing importance of such evidence in international criminal law practice and its limits. Specifically, the analysis focuses on the ongoing conflict between Russia and Ukraine. This type of evidence has not yet had a real opportunity to enhance the prosecution of war crimes before the ICC. In fact, currently the ICC is more confident to consider the digital evidence only if corroborated by other types of evidence relevant to the facts of the case. However, this might change with regard to such a conflict.| File | Dimensione | Formato | |
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Gavrysh_digital evidence estratto.pdf
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