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V2, Numéro 22, MARS 2026 Revue Marocaine des Eudes Juridiques et Economiques

OpenAlex ·

Executive Summary

This research examines the increasing reliance on digital evidence and open-source intelligence (OSINT) in international criminal investigations and prosecutions. It analyzes legal frameworks, technical challenges, and ethical considerations, demonstrating how these tools are indispensable for documenting mass atrocities and establishing criminal responsibility. The study highlights both the transformative potential and inherent limitations of technology-mediated evidence gathering.

Why It Matters

This document is crucial for defense and geopolitical analysts as it details the evolving role of digital evidence and OSINT in prosecuting international crimes, impacting accountability mechanisms and intelligence gathering in conflict zones. It highlights the strategic importance of leveraging open-source information for justice and understanding modern warfare's evidentiary landscape.

Key Takeaways

  • Digital evidence and OSINT are indispensable tools for investigating and prosecuting international crimes, particularly in conflict zones where traditional methods are impossible.
  • Significant challenges remain in authenticating digital evidence, verifying metadata, and ensuring chain of custody, despite its transformative potential.
  • Robust legal frameworks are needed to balance technological innovation in evidence collection with fundamental rights protections, addressing privacy and data security concerns.
  • The use of digital evidence and OSINT has significantly enhanced prosecutorial capabilities in documenting mass atrocities and establishing individual criminal responsibility.
  • Organizations like Syrian Archive and Bellingcat are pioneering methodologies for preserving and analyzing digital documentation of human rights violations.

Strategic Relevance

The increasing reliance on digital evidence and OSINT fundamentally alters how international crimes are investigated and prosecuted, providing new avenues for accountability and intelligence gathering in complex conflict environments. This shift impacts strategic planning for conflict resolution, human rights monitoring, and the development of legal frameworks for future warfare.

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Key Entities

Digital EvidenceOpen-Source Intelligence (OSINT)International Criminal InvestigationsInternational Criminal Court (ICC)War CrimesCrimes Against HumanitySyrian ArchiveBellingcatInternational Criminal Tribunal for the former Yugoslavia (ICTY)Eyad A.Darfur

Best For

Legal ScholarsHuman Rights AdvocatesIntelligence AnalystsPolicy MakersInternational Criminal Justice Practitioners

Related Themes

International LawWarfare AccountabilityHuman RightsConflict MonitoringDigital ForensicsInformation Warfare

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