July 16, 2024

User-Generated Evidence

Rebecca Hamilton, User-Generated Evidence, Col. J. Transnat’l L. (2018)

Around the world, people are using their smartphones to document atrocities. Smartphone apps designed to allow Users to record material that will meet evidentiary standards are now freely available. User-Generated Evidence is the first Article to address this important development in international criminal law. It identifies three categories of concern: (i) User security; (ii) evidentiary bias; and (iii) fair trial rights. In the absence of safeguards, user-generated evidence may address current problems in international criminal justice at the cost of creating new ones, and/or shifting existing problems from traditional actors, who have institutional backing, to individual Users without such protections.

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