An Overview of the Use of Digital Evidence in International Criminal Courts

Abstract

This article was developed from a paper originally prepared for the 2013 Salzburg Workshop on Cyber Investigations under the supervision of Professors Laurel E. Fletcher, Chris Hoofnagle, Eric Stover, and Jennifer Urban.

Aida Ashouri, Caleb Bowers and Cherrie Warden offer a review of some of the leading international criminal cases involving digital evidence, with a particular focus on the International Criminal Court.

Index words: International Criminal Court; digital evidence; authentication; provenance; hearsay; criminal law; evidence; international law; international criminal law