نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The rapid expansion of digital technologies has transformed the documentation and evidentiary processes in international criminal justice, turning digital data and algorithmic evidence into essential components of the International Criminal Court’s fact finding framework. This article aims to examine the role of such data and to analyze the legal and technical capacities and challenges arising from their use in ICC proceedings. Employing a descriptive analytical method and drawing on library sources, international instruments, and the Court’s jurisprudence, the study demonstrates that social media data, satellite imagery, mobile phone records, and other electronic information play an increasingly significant role in reconstructing events and tracing links between perpetrators. Algorithmic analysis, through its ability to process large scale datasets, also contributes meaningfully to identifying patterns of violence and understanding criminal behavior. Nevertheless, issues such as data authenticity, risks of manipulation and fabricated content, transparency and bias in algorithms, privacy concerns, and the need for technical expertise complicate the use of this evidence. The study concludes that responsible and effective reliance on digital data and algorithmic evidence before the ICC requires the development of specific evidentiary rules, adoption of technical guidelines, strengthening the role of experts, enhancing algorithmic transparency, and establishing a clear framework that integrates technological innovation with the guarantees of fair trial.
کلیدواژهها English