Can international judges believe their eyes and ears?

What is it about?

This work looks at the problem of misinformation and disinformation for judges' decision-making for international crimes, such as war crimes. It looks at the rise in digital evidence, such as videos from mobile phones and social media posts, and considers the problems this may create for judges deciding on responsibility for these serious crimes. Whilst there is an increase in information from the areas where atrocity crimes are taking place, with many of us seeing these images in our news media everyday, there is a danger that seeing is not always believing. So it is important that judges can forget those fakes when deciding on international crimes. The work considers some situations where this has already happened, such as the International Criminal Tribunal for the former Yugoslavia, and how these heuristic challenges, such as confirmation bias, are considered by militaries. It concludes that whilst efforts are being made to improve reliability of evidence the human aspects of these crimes must not be overlooked if we wish to ensure justice and accountability.

Featured Image

Photo by Salvino Fidacaro on Unsplash

Photo by Salvino Fidacaro on Unsplash

Why is it important?

The significant rise in digital evidence, such as clips from mobile phones or social media, can be incredibly useful for international criminal courts. It enables the victims of these crimes to present their stories in ways never before possible. However, this brings with it the problem of misinformation, disinformation and deepfakes. This problem is particularly acute for international criminal prosecutions due to the unique way the courts operate, with judges being the decision-makers. International crimes are by their nature violent and horrific and so footage can even shock professional judges. This means it is important to understand how the sight and sound of this evidence can influence, or remain in, judicial decision-making.

Perspectives