Digital evidence and fair trial rights at the International Criminal Court

Abstract International criminal proceedings are witnessing an increase in the use of digital sources of evidence at trial, and it is expected that digital evidence will shape the outcome of upcoming decisions of international criminal tribunals. Digital footage may arguably enhance the efficiency of international crimes investigations. However, the high expertise required to access, analyse, and assess digital materials may widen the gap between the prosecution and the defence, thus undermining fair trial rights. This article examines, in the context of proceedings before the International Criminal Court, the impact that the overreliance on digital evidence may have on the principle of equality of arms, and how such a situation might be alleviated.