This article provides an overview of the so-called “Digitally Derived Evidence” (DDE) project of the Kalshoven-Gieskes Forum for International Humanitarian Law (KGF) at Leiden University, which... Show moreThis article provides an overview of the so-called “Digitally Derived Evidence” (DDE) project of the Kalshoven-Gieskes Forum for International Humanitarian Law (KGF) at Leiden University, which examines the different legal standards of evidence used before different national as well as international criminal courts apply to the assessment of international crimes. The project was launched in 2019 by KGF Director Dr. Robert Heinsch and his colleague, Dr. Emma Irving. They initiated and offered students at the Leiden International Humanitarian Law Clinic the opportunity to contribute to the research.The DDE project resulted in the online accessible Leiden DDE database, which offers the Leiden guidelines for the use of digitally obtained evidence in international criminal courts and tribunals as well as a wide range of online resources. These resources aim to make it easier for judges, prosecutors, and defense attorneys to work with digital evidence. Furthermore, this online database aims to support international accountability mechanisms through the in-depth examination of evidentiary issues relating to digitally derived evidence. Show less
The global developments have shown one thing clearly: there is a lack of guidance and clarity when it comes to using DDE in the courtroom. Due to the fast evolution of digital technology and the ... Show moreThe global developments have shown one thing clearly: there is a lack of guidance and clarity when it comes to using DDE in the courtroom. Due to the fast evolution of digital technology and the (often, by design) slow evolution of courts and tribunals, the treatment of DDE within and between national and international accountability fora suffers from an absence of uniformity at best, and a lack of any useful guidance at worst. The Leiden Guidelines on the Use of Digitally Derived Evidence in International Criminal Courts and Tribunals (“The Leiden Guidelines”) were created to address this legal lacuna by examining the various ways in which DDE has been treated in international criminal law. The Guidelines identify overarching standards of treatment, derived from the jurisprudence of international criminal courts and tribunals (“ICCTs”), that practitioners should consider when collecting and tendering DDE. Show less
The “Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation the Republic of Côte d’Ivoire” was the second decision by a Pre-Trial Chamber of... Show moreThe “Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation the Republic of Côte d’Ivoire” was the second decision by a Pre-Trial Chamber of the ICC authorising an investigation proprio motu by the Prosecutor. This decision is especially relevant as it further clarified the conditions under Art. 15(4) of the ICC Statute that need to be fulfilled in order to authorise an investigation which has not been triggered by a Security Council referral or a State referral. The Pre-Trial Chamber’s decision is one of currently four decisions authorising the investigation of the Prosecutor investigating on her own initiative. The Pre-Trial Chamber authorised “the commencement of an investigation in Côte d'Ivoire with respect to crimes within the jurisdiction of the court committed since 28 November 2010”. Interestingly it also authorised investigations “with respect to continuing crimes that may be committed in the future […] insofar as they are part of the context of the ongoing situation in Côte d'Ivoire”. In this context it is important to mention that on 22 February 2012, Pre-Trial Chamber III decided to “expand […] its authorization for the investigation in Côte d'lvoire to include crimes within the jurisdiction of the Court allegedly committed between 19 September 2002 and 28 November 2010”. Show less
This chapter examines the phenomenon of ‘foreign fighters’ from an International Criminal Law point of view. The author examines whether the status of “being a foreign fighter” already entails any... Show moreThis chapter examines the phenomenon of ‘foreign fighters’ from an International Criminal Law point of view. The author examines whether the status of “being a foreign fighter” already entails any kind of individual criminal responsibility. Furthermore, he looks into which types of international crimes may potentially be committed by foreign fighters in international and non-international armed conflicts, but also outside of armed conflict scenarios.-He further discusses the different modes of liability which could be applicable regarding the respective crimes committed by these kinds of actors. Finally, this chapter explores in which national and international fora foreign fighters might be prosecuted for committing international crimes and which conditions need to be met in order for such prosecutions to take place. Show less
ON THE SECOND DAY of The 3rd Hague Peace Conference, Dr. Robert Heinsch, Associate Professor at the Grotius Centre for International Legal Studies at Leiden University, held the following speech... Show moreON THE SECOND DAY of The 3rd Hague Peace Conference, Dr. Robert Heinsch, Associate Professor at the Grotius Centre for International Legal Studies at Leiden University, held the following speech on one of the two main themes: modernizing the Geneva Conventions. Show less
