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Cognitive bias, privacy rights, and digital evidence in international criminal proceedings: Demystifying the double-edged AI revolution
Segate, Riccardo Vecellio
Source PublicationInternational Criminal Law Review
ISSN1567-536X
2021
Abstract

International criminal tribunals (icts) have found, almost consistently, that unlawfully and/or secretly obtained evidence is admissible. De facto, defendants in international criminal law (icl) enjoy no privacy-related procedural safeguards under either the applicable domestic law or international human rights law (ihrl). Privacy violations are not confined to those impairing defendants’ rights; they might result in premature acquittals or in misconducts vis-à-vis the victims, too. While this is practically unescapable a compromise due to the ‘high profile’ of the accused and the complexity, length, momentousness, and ‘political charge’ of these trials, over-relaxed admissibility rules become unsustainable as far as digital evidence is concerned, in that they add to the latter’s inherently low reliability and heavy cognitive impact. Facing this issue, it is legit to wonder whether artificial intelligence (ai) might mitigate privacy violations or render them no longer necessary, thus improving the fairness record of the International Criminal Court (icc) and other icts.

KeywordAdmissibility Algorithms Artificial Intelligence Cognitive Bias Digital Evidence Exclusionary Rules Fair Trial International Criminal Court Machine Learning Probative Weight Prosecutorial Secrecy Right To Privacy
Language英語English
DOI10.1163/15718123-bja10048
URLView the original
Volume21
Issue2
Pages242-279
WOS IDWOS:000648817800002
WOS SubjectLaw
WOS Research AreaGovernment & Law
Indexed ByESCI
Scopus ID2-s2.0-85106245812
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Document TypeReview article
CollectionFaculty of Law
Corresponding AuthorSegate, Riccardo Vecellio
AffiliationFaculty of Law, University of Macau, Macao
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Segate, Riccardo Vecellio. Cognitive bias, privacy rights, and digital evidence in international criminal proceedings: Demystifying the double-edged AI revolution[J]. International Criminal Law Review, 2021, 21(2), 242-279.
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