PhD defence

Non-Textual Evidence in International Criminal Prosecutions

• J.W. Hak

Date

Thursday 9 November 2023

Time

12:30 - 13:15 hour

Address

Academy Building
Rapenburg 73
2311 GJ Leiden

Supervisor(s)

• Prof.dr. C. Stahn
• dr. J.M. Iverson

Summary

This thesis examines the use of non-textual (image-based) evidence in international criminal prosecutions. This evidence frequently emanates from open source locations where the quality and legitimacy of the images are suspect. Further, the use of artificial intelligence to create deepfakes and other misleading images impedes the search for truth. Therefore, while non-textual evidence can be remarkably effective, it also poses significant technical, epistemic, and legal challenges. This work conducts an in-depth exploration of the use of non-textual evidence for proof and didactic purposes and emphasizes the need for improved visual literacy among counsel and the court. It identifies and explores existing challenges in the creation, acquisition, processing, and use of this evidence, and makes recommendations for how those challenges might be profitably addressed. The role of forensic analysis in image authentication, the detection of image forgery, and the assessment of image content is examined. This work examines emerging technical frontiers and advanced visual representations in atrocity crime prosecutions, with a focus on the use of virtual reality, immersive virtual environments, and augmented reality in the courtroom. It concludes with policy and practice recommendations for improving the current legal approach to the authentication and use of non-textual evidence at the ICC. Significantly, this work argues that the use of non-textual evidence in international criminal prosecutions is at a tipping point. It makes targeted recommendations for how to transcend the status quo to push the use of non-textual evidence to the next level in international criminal justice.

PhD dissertations

Approximately one week after the defence, PhD dissertations by Leiden PhD students are available digitally through the Leiden Repository, that offers free access to these PhD dissertations. Please note that in some cases a dissertation may be under embargo temporarily and access to its full-text version will only be granted later.

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