International Criminal Law and the Role of Non-State Actors in Preserving Open Source Evidence

(2018) 2 Cambridge International Law Journal.

13 Pages Posted: 1 Dec 2018

See all articles by Roisin A Costello

Roisin A Costello

Trinity College (Dublin) - School of Law; National University of Ireland, Maynooth (NUI Maynooth) - Department of Law

Date Written: March 3, 2018

Abstract

This article analyses the current duties of Non-State Actors, specifically digital platform providers, to preserve and report content useful in the later prosecution of international criminal offences. The article illustrates the shortcomings of current legal mechanisms both at an international and national level by which such duties to preserve and/or report are imposed and proposes solutions which countenance a more developed role for the International Criminal Court in collecting and preserving open source evidence independent of Non-State Actor co-operation.

Keywords: international criminal law, open source evidence, non-state actors, subjects

JEL Classification: K14, K33, K41

Suggested Citation

Costello, Roisin A, International Criminal Law and the Role of Non-State Actors in Preserving Open Source Evidence (March 3, 2018). (2018) 2 Cambridge International Law Journal.. Available at SSRN: https://ssrn.com/abstract=3277976

Roisin A Costello (Contact Author)

Trinity College (Dublin) - School of Law ( email )

Ireland

National University of Ireland, Maynooth (NUI Maynooth) - Department of Law ( email )

Maynooth, County Kildare
Ireland

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