Digitálne dôkazy z otvorených zdrojov

• Authors: Michal Klenka

Title variants

EN

Open-source digital evidence

• Languages of publication: SK

Abstracts

EN

The aim of the article is to consider the use of information obtained from digital open sources as evidence in proceedings related to violations of international criminal law, human rights and international humanitarian law. In addition to providing basic definitions and legal questions that need to be answered before evidence obtained in this way could be further used, the article examines the different aspects that the type of evidence in question raises (new actors, mediation, objectivity and subjectivity). Despite the clear advantages, we should not overlook some of the problematic issues and challenges involved, particularly because the digital format allows for relatively easy manipulation and falsification, which in some cases poses an insurmountable obstacle to establishing the authenticity of the evidence and its provenance. The analysis also focuses on the vulnerabilities in the use of social media information (the volume of content produced, its moderation by platforms and the issue of metadata), since the content that appears on them reflects not only the nature of the current conduct of international or non-international armed conflict but also the misinformation that affects society. Given the increasing amount of hacked and leaked information in the public domain, the article concludes by examining the applicability of the information in question as evidence in legal proceedings and discusses the related legal and ethical issues of admissibility.

Keywords

EN

international criminal law; open-source digital evidence; social media; hacked and leaked information; public domain

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law, Czech Academy of Sciences
• Journal: Právník. Teoretický časopis pro otázky státu a práva (The Lawyer - Scientific Review for Problems of State and Law)
• Year: 2023
• Volume: 162
• Issue: 6
• Pages: 508-529
• Document type: ARTICLE

Contributors

author

Michal Klenka

• Právník, redakce, Ústav státu a práva AV ČR, v.v.i., Národní 18, 116 00 Praha 1, Czech Republic