Assessing the Admissibility of Illegally Obtained Digital Evidence in International Criminal Court Proceedings: Insights from Judicial Practice

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Key Points

The research aims to evaluate the acceptance of digital evidence obtained through hacking and leaks in international criminal proceedings.
Analysis of judicial practices and case law from the International Criminal Court (ICC)
Review of legal frameworks including the Rome Statute
Examination of specific cases such as Lubanga and Bemba regarding the reception of digital evidence.
ICC shows a tendency to accept evidence obtained by third parties even if it violates privacy protections.
The court endorses a blend of approaches focusing on the 'clean hands doctrine' and the principle of agency.
Emphasizes the need for a proactive legal framework to ensure both truth discovery and fair trials.

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Examines the admissibility of illegally obtained digital evidence in international trials, highlighting legal and ethical challenges.

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اکبری et al. (2026) studied this question.

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