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Digital evidence and war crimes prosecutions: the impact of digital technologies on international criminal investigations and trials

As technology develops, new tools are continually being introduced that alter the nature and availability of courtroom evidence. The proliferation, connectivity, and capabilities of cameraembedded and internet-enabled mobile devices, which record far more information about people’s activities and communications than ever before, are transforming the way criminal investigators and prosecutors collect, evaluate, and present evidence at trial. This is particularly true in international criminal trials, where prosecutors must present a voluminous and varied body of evidence to prove multiple charges related to complex conflicts. It is the prosecutor’s job to present evidence in a way that assists the fact-finder in evaluating its significance and understanding how it fits into the greater narrative. Advanced digital devices can now capture far more information about a situation than a witness can perceive, and innovative presentation tools allow lawyers to augment and strengthen the evidence in their cases by adding supplementary data and creating compelling visuals. In cases involving war crimes, crimes against humanity, and genocide, a large quantity and diversity...

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