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

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