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I4ADA 2019 - Presentation Judge Chung

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See https://i4ada.org for additional information and videorecordings of the presentations held at the Hague Summit for Accountability in the Digital Age

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I4ADA 2019 - Presentation Judge Chung

  1. 1. International Criminal Justice in the Digital Age Chang-ho CHUNG Judge International Criminal Court Peace Palace 07 November 2019
  2. 2. International Criminal Justice International Criminal Court (ICC) 2003 - Rome Statute 1998 - Preamble Fight Against Impunity Put an end to impunity for the perpetrators of the most serious crimes of concern to the international community as a whole
  3. 3. • Genocide [RS 6] intent to destroy, in whole or in part, a national, ethnical, racial or religious group • Crimes against humanity [RS 7] committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack • War crimes [RS 8] committed as part of a plan or policy or as part of a large-scale commission • Crime of aggression [RS 8bis] act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations
  4. 4. ICC E-Court System Ntaganda case DR Congo Situation - 2004 June : Initiation of investigation - 2006 August 22 : First arrest warrant - 2012 July 13 : Second arrest warrant - 2013 March 22 : Surrendered voluntarily and transferred to the ICC - 2014 June 9 : PTC2 Confirmation Decision - 2015 September 2 : TC6 Trial proceedings commenced with opening statement • 248 hearing days • 102 witnesses • 1,791 admitted evidence • 2,129 victim participants • 347 written decisions • 257 oral decisions - 2018 August 28 : Closing statements - 2019 July 8 : Judgment
  5. 5. E-Court Protocol • Material in physical form - Convert into a standard image format by scanning • Material in electronic form - Preserve original electronic form - Convert into a standard image format for Redaction and Courtroom Proceedings Redaction Protocol • Disclose with redaction - Without application to the Chamber - Exception: Witnesses’ identities before trial • Lifting of redaction - Prosecutor - Defence application after consultation with prosecution
  6. 6. Challenges in the Digital Age Authentication of digital material • Seized material - Appointment of Independent Counsel (PTC II Bemba et al.) - Unsealing and forensic acquisition: EnCase, Hash - Reviewing any privileged or irrelevant item - Submitting a report • Open source material  Access to service provider Admission of contents of digital material • Non-statement - 69(4) • Statement - 69(2)  Rule 68
  7. 7. Crime of Aggression • Act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations  Crime of aggression in the context of cyber warfare Transparency  Enhancing the public access to the Court information
  8. 8. Updating the E-Court System and major DBs • Contributing to the overall effectiveness and efficiency of the proceedings  Building on the best practices based on the ICC experience acquired so far  Connecting with the DBs of other UN Criminal Tribunals
  9. 9. Positive Complementarity • Ensuring that all states have their own judicial capacity to conduct investigations and trials independently  Protection of privacy of victims and witnesses  Setting a standard for fairness in criminal proceedings  Creating a Model National Criminal Procedure Act suitable for domestic crimes
  10. 10. Thank you very much

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