Identifying Patterns of International Criminality with Electronic Surveillance – Balancing Crime Control, Privacy and Due Process

Abstract

Investigators and prosecutors at several of the courts/tribunals are using surveillance technologies whereby patterns of atrocity and links between offenders can be identified. Such surveillance involves the overlapping and sometimes conflicting interests of crime control, privacy and due process. This paper aims to explains the tensions between the interests crime control, privacy and due process and involves the following questions. What is the applicable law relating to surveillance for the purpose of investigations and trials of international crimes before an international tribunal or court? To the extent that this issue has been at hand before an international tribunal or court, have it been resolved in a way that is consistent with international legal requirement on fair trial and due process?