Prosecuting atrocities – challenges of collecting, presenting and evaluating evidence in a cross-cultural setting

Session Submission Type: Pre-arranged Panel

Abstract

Trials of international crimes usually take place years after the atrocities have been committed, and often before courts that are geographically remote from the scenes of the crimes. Acquiring evidence to prosecute the accused is a challenging task in any context, but operating in a cultural setting that is often unfamiliar poses its own specific set of hurdles. Not only in relation to witnesses and their testimonial evidence, but also in relation to the presentation and evaluation of other types of evidence, and the ways in which evidence is collected and used during trial.
The different papers in this panel therefore address some of the challenges that stem from operating in different socio-cultural contexts when prosecuting international crimes. The papers address various forms of evidence that can be collected for an international trial: open-source evidence ( such as videos, Facebook and Twitter posts), forensic evidence, documentary evidence, and testimonial (witness) evidence. Taken together, the panel will offer an overview of certain misconceptions, lessons learned and potential ways forward when it comes to effectively investigating and prosecuting international crimes in various socio-cultural settings.

Subtopic

• Topic 2: Types of Offending / Genocide, Crimes Against Humanity, War Crimes (Atrocity Crimes and Transitional Justice WG)

Chair

• Caroline Fournet, University of Exeter, Law School

Individual Presentations

• Cultural and cognitive biases of digital open source investigations - Anastasiia Liulina, University of Groningen

• The role of the Prosecutor in investigating extraterritorial atrocity crimes - Marieke de Hoon, University of Amsterdam

• How do you construct an international trial? Cultural differences before the ICC - Adina-Loredana Nistor, Faculty of Law, Vrije Universiteit Amsterdam (The Netherlands)

• Selecting Witnesses for Testimonial Evidence: A Slippery Slope? - Suzanne Schot, Vrije Universiteit Amsterdam