A/HRC/29/37
from a body monitoring one of the most documented conflicts in history.58 In conducting its
special inquiry into the Al-Houla killings, for example, the Commission examined satellite
imagery to review access points to an area where killings had occurred, as well as to review
statements made by interviewees and to assess claims that the Government had razed
civilian areas in Damascus and Hama.59 The Commission mentioned instances where it had
received or found video evidence supporting allegations of torture or other forms of illtreatment or footage of killings, but noted when it could not verify those recordings. 60
Video material has also been directly gathered by the United Nations Supervision Mission
in the Syrian Arab Republic and referred to in reports of the Commission.61 The
Commission also undertook preliminary reviews and conducted forensic analyses of 26,948
photographs allegedly taken between 2011 and 2013 in government detention facilities. 62 In
more recent reports, the Commission cited a number of videos that had been created and
distributed by ISIS; those videos have been a challenge to the current methodology of using
videos only to substantiate events for which there are other witness testimonies, but the
Commission has given them weight as confessions.63
3.
International criminal accountability
104. Information derived from digital sources has become increasingly important to
international tribunals, including several of those established during the 1990s, and now
also the International Criminal Court. In assessing the importance of such evidence to
moving forward its work, the Court has been proactive in establishing working methods
that can accommodate such evidence. In 2012 and 2013, the Court encouraged partners to
exchange ideas and expertise on strategies to improve the capacity of investigators and
prosecutors to gather and analyse digital evidence concerning serious international crimes. 64
105. One of the recommendations from that process was that the Office of the Prosecutor
should “hire specialists trained in advanced cyberinvestigation techniques and familiar with
cutting-edge technologies” and who would have “experience and credentials specific to
digital investigations, including computer and smartphone forensics, online investigations,
data storage and management, advanced cyberinvestigation techniques, and superior
knowledge of digital security.” It was suggested that this would “go a long way toward
building a robust in-house capacity for vetting digital data and extracting quality
evidence.”65 On the basis of that consultation, the Office of the Prosecutor appointed a
specialist in the verification of digital material to work as a “cyberinvestigator”, as part of
its team of other investigators from legal and law enforcement backgrounds.
106. Recognizing the transient nature of much of the relevant material, the Office of the
Prosecutor has adopted the practice of surveying digital evidence that is available when the
preliminary examinations are opened. As noted above, the Court has developed guidelines
for use by investigators concerning best practices with respect to the retrieval, storage and
58
59
60
61
62
63
64
65
20
See Marc Lynch, Deen Freelon and Sean Aday, Syria’s Socially Mediated Civil War (United States
Institute of Peace, 2014).
See A/HRC/21/50, annex IV; and A/HRC/22/59, annex XIII, para. 18.
A/HRC/21/50, annex VIII, para. 31; A/HRC/22/59, annex V, para. 22.
A/HRC/21/50, annex V, para. 14.
A/HRC/27/60, para. 26.
A/HRC/28/69 and Corr.1, annex II, paras. 21–25.
See Human Rights Center, University of California, Beyond Reasonable Doubt: Using scientific
evidence to advance prosecutions at the International Criminal Court (Berkeley, 2012); and Digital
fingerprints: Using electronic evidence to advance prosecutions at the International Criminal Court
(Berkeley, 2014).
See Human Rights Center, Digital Fingerprints, p. 11 (see footnote 64).
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