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BY THE STUDENTS,     

FOR THE STUDENTS

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From Flexibility to Inconsistency: User-Generated Digital Evidence and Procedural Standards at the International Criminal Court

by Sara Herrer Fernandez

As technology has advanced, the means to collect, store, and share information in digital formats have increased exponentially. This development has profoundly reshaped the investigation and prosecution of mass atrocities, as digital evidence progressively informs how international crimes are documented, reconstructed, and assessed before international criminal tribunals (Freeman, 2017). New fact-finding methods, including reliance on digital open-source information and user-generated content (UGC), assist international courts and tribunals in reconstructing events and building narratives of international criminal accountability (De Arcos Tejerixo, 2023). At the same time, the growing reliance on digital material presents significant challenges. User-generated digital evidence is particularly vulnerable to manipulation, decontextualisation, and loss of provenance, especially when it is circulated through multiple intermediaries or generated by civilians using non-professional devices

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