Open-source evidence at a crossroad: the (pending) case against Mr Hassan at the International Criminal Court and the fundamental right to fair trial.

in Giurisprudenza Penale Web, 2022, 1 – ISSN 2499-846X

Digital open-source information including social media and satellites images has radically changed how human rights violations and international crimes are documented. Yet the use of such information in criminal proceeding is problematic, as it must respect the right of the Accused to fair trial.

This paper addresses the evidentiary issue of probative value of open-source information by analysing the legal arguments submitted by the Prosecutor and the Defence in the pending case against Mr Hassan at the International Criminal Court.

In our conclusions we argue that by adopting the so-called “submission approach” the judges of the Trial Chamber have missed the opportunity to address the specific legal challenges pertaining to the admission of open-source information. As a result, the probative value of such peculiar evidence in international criminal proceedings still remains to be tested at trial.

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Suggested citation:
S. Trevisan, Open-source evidence at a crossroad: the (pending) case against Mr Hassan at the International Criminal Court and the fundamental right to fair trial, in Giurisprudenza Penale Web, 2022, 1