{"title":"User-Generated Evidence","authors":"R. Hamilton","doi":"10.2139/SSRN.3124409","DOIUrl":null,"url":null,"abstract":"Around the world, people are using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user-generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (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 shifting existing problems from traditional actors, who have institutional backing, to individual users without such protections.","PeriodicalId":45475,"journal":{"name":"Columbia Journal of Transnational Law","volume":"57 1","pages":"1-61"},"PeriodicalIF":1.2000,"publicationDate":"2018-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"3","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Columbia Journal of Transnational Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2139/SSRN.3124409","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
引用次数: 3
Abstract
Around the world, people are using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user-generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (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 shifting existing problems from traditional actors, who have institutional backing, to individual users without such protections.
期刊介绍:
Over forty years] ago, under the guidance of the late Professor Wolfgang Friedmann, a group of Columbia law students belonging to the Columbia Society of International Law founded the Bulletin of the Columbia Society of International Law. The Bulletin’s first volume, containing two issues, was a forum for the informal discussion of international legal questions; the second volume, published in 1963 under the title International Law Bulletin, aspired more to the tradition of the scholarly law review. Today’s Columbia Journal of Transnational Law is heir to those early efforts.