New evidence, new challenges

Evidence recorded on personal digital devices, or “user-generated evidence” (UGE), has profoundly shaped our ways of knowing about international crimes. UGE can be expected to play an important role in future cases before the International Criminal Court (ICC), yet few trials to date have relied extensively on UGE.. This research provides important insights into how ICC judges define UGE and perceive its strengths and weaknesses, and on the readiness of the Court to adapt to judging in an age of Artificial Intelligence. Using grounded theory to analyse interviews with ICC judges, we identified several key themes, including concerns about the perceived importance and potential bias of evidence sources; the practical challenges of employing UGE; the burden placed on the parties to ensure the reliability of the evidence, to rigorously challenge the opposing party’s evidence, and the importance of preparing legal professionals to address the risks associated with misinformation and disinformation.