User-Generated Evidence

Authors

Rebecca Hamilton, American University Washington College of LawFollow

Document Type

Article

Publication Date

2018

Journal

Columbia Journal of Transnational Law

Volume

57

Issue

1

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.

Recommended Citation

Rebecca Hamilton, User-Generated Evidence, 57 Columbia Journal of Transnational Law (2018).
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/1285