Hearsay Evidence

Alexa Koenig - Digital evidence and the use of open-source methods in international fact-finding

In this sixth episode of the Hearsay Evidence Podcast, host Manuel Sánchez Miranda and Professor Alexa Koenig discuss digital evidence in international fact-finding, especially in human rights investigations and international criminal trials. They discuss how social media and other digital platforms are reshaping the landscape of international fact-finding and legal proceedings. Professor Koenig emphasized the ethical considerations and authenticity challenges of digital evidence collection. Professor Koenig discusses the Berkeley Protocol, a groundbreaking guideline developed to standardize the process of collecting and verifying digital evidence for human rights investigations and international criminal trials. The Protocol, pioneered at the Human Rights Center at UC Berkeley, outlines best practices for ensuring the credibility, ethical acquisition, and legal admissibility of digital evidence in courts, setting a comprehensive standard for practitioners and investigators worldwide. The episode concludes with insights into the evolving role of technology in human rights investigations. Professor Koenig emphasized the need for continuous education and adaptation to technological advancements, highlighting how these tools not only challenge traditional methods but also offer new possibilities for accountability and justice in the digital era.

Marie-Hélène Proulx - Fair trial and witness evidence from the perspective of the defence in international criminal trials

In this engaging episode of The Hearsay Evidence Podcast, host Dr. Manuel Sanchez Miranda welcomes Marie-Hélène Proulx, a distinguished international criminal defense attorney and President of the International Criminal Court Bar Association (ICCBA). The episode opens with a critical discussion on the need to bridge wage and working condition gaps between defense teams and the Office of the Prosecutor (OTP), highlighting its importance for fair trials. The core of the conversation delves into the intricacies of witness evidence and the principles of a fair trial in international criminal proceedings. Marie-Hélène offers in-depth insights from a defense perspective, exploring various facets of witness testimony in international trials, including their types, admissibility criteria, appeal grounds, cross-examination processes, and assessment challenges. She sheds light on how narratives, theories, and political influences can sway judicial decisions in international courts, advocating for a nuanced understanding of the factors shaping trial outcomes. This episode with Marie-Hélène Proulx provides a rare glimpse into the world of international criminal defense, underscoring the intense demands on defense counsel and the continuous pursuit of justice and equality in the legal system.

Prof. Mark Klamberg: Evidence in international criminal trials

Prof. Mark Klamberg is a Swedish lawyer and professor of international law at the University of Stockholm. On this episode of The Hearsay Evidence Podcast, Prof. Klamberg shares details about his early life and his path towards becoming an academic. He initially studied natural sciences before realizing his passion for history and society. He decided to pursue a career in international relations or law, and eventually entered the law program at Lund University. During his law studies, he developed an interest in international criminal law and wrote his thesis on the crime of aggression. After working for a Swedish NGO and as a clerk at a District Court, he became a visiting professional intern at the International Criminal Court (ICC). While at the ICC, he was advised to pursue a Ph.D. in international law and was accepted at Stockholm University. At Stockholm, he wrote his doctoral thesis on evidence in international criminal proceedings. Prof. Klamberg is now a professor of international criminal law and has authored numerous articles and books on this subject.  On this episode of The Hearsay Evidence Podcast, we discuss certain general aspects of evidence and proof before international courts and tribunals. We discuss the intricacies of evaluating evidence in international criminal trials, the different approaches to evaluating evidence in different legal traditions, the challenges of applying strict rules of admissibility, and the debate on assessing evidence holistically or individually. Prof. Klamberg will also share his thoughts on simplifying the procedures in international criminal courts and the importance of accessibility to legal resources.

Prof. Yvonne McDermott Rees: Open-source and user-generated evidence in international criminal justice

In the inaugural episode of The Hearsay Evidence Podcast, we are joined by Prof. Yvonne McDermott Rees from the University of Swansea, a distinguished legal scholar specializing in evidence and proof. Our discussion delves into her scholarship and main research projects. Prof. McDermott Rees sheds light on her current research within the TRUE project [https://www.trueproject.co.uk/], which critically examines digital evidence and its implications on the justice system. As deepfakes become increasingly sophisticated, they pose a significant challenge in distinguishing reality from fabrication, thereby threatening the integrity of evidence. Through an engaging conversation, we unravel some of the complexities of this issue and contemplate the legal frameworks that might help navigate this murky territory.