Digital Evidence as a Method of Proof Before the International Court of Justice

21 Journal of Conflict and Security Law (2016), pp. 541-554

U. of Westminster School of Law Research Paper

Posted: 31 Jan 2017

See all articles by Marco Roscini

Marco Roscini

University of Westminster School of Law

Date Written: January 31, 2016

Abstract

This article discusses the use of digital evidence as a means of proof before the International Court of Justice (ICJ). The absence of specific Court rules and procedures for digital evidence (with the exception of Practice Direction IXbis) is not necessarily an obstacle to its production and evaluation before the ICJ, as the general evidentiary rules can also be applied to digital evidence. The article first looks at the rules on the production of documentary evidence and then examines the specific issues related to audiovisual evidence. Finally, it examines the admissibility of digital evidence unlawfully obtained by a litigant through unilateral transborder access to data. The article concludes that, even if specific regulation may be needed as to the specific way in which authenticity and accuracy of digital evidence are to be established, the particular facts of the case and the grounds of challenge can vary widely, and it is doubtful that any regulation could be sufficiently flexible to deal with this in advance.

Keywords: International Court of Justice, dispute settlement, digital evidence, procedural law

JEL Classification: K33

Suggested Citation

Roscini, Marco, Digital Evidence as a Method of Proof Before the International Court of Justice (January 31, 2016). 21 Journal of Conflict and Security Law (2016), pp. 541-554, U. of Westminster School of Law Research Paper, Available at SSRN: https://ssrn.com/abstract=2907641

Marco Roscini (Contact Author)

University of Westminster School of Law ( email )

4 Little Titchfield Street
London, W1W 7UW
United Kingdom

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