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
