THE EVALUATION OF SOCIAL MEDIA EVIDENCE IN THE TRIALS OF ATROCITY CRIMES
Küçük Resim Yok
Tarih
2022
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Erişim Hakkı
info:eu-repo/semantics/openAccess
Özet
On August 15, 2017, the International Criminal Court (ICC) issued an arrest warrant against Mahmoud Mustafa Busayf Al-Werfalli, Libyan military commander, accusing him of the murder of 33 people. The pre-trial Chamber founded most of its decision on social media-based evidence. In respect, an important question may arise before the ICC as to value of the social media evidence and /or whether it will serve as a basis fort he verdict if Al-Werfalli is caught. Because, in addtion to be proliferation of social media resoruces, the difficultise of the ICC in collecting evidence and bringing witnesses from the conflict zones cause such poen sources to be used in the trial. However, the characteristics of teh social media evidence have fundamental probleme, especilally regarding the reliability of these evidences. In this articel, we go back a bit and ask a provocative question, based on “cold evidence” practice of Nuremberg Trials Prosecutor Robert Justice Jackson: “May social media evidence replace witnessing one day? The difficulties of this possibility are discuseed in the article with the point of view of restorative justice, taking into account the potantial of international criminal courts to realize the right to truth.
Açıklama
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Kaynak
Galatasaray Üniversitesi Hukuk Fakültesi Dergisi
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Sayı
2
