From Voices to Verdicts: The Role of User-Generated Evidence in Transforming International Criminal Justice (FVTV)

Kaja Kowalczewska received funding for this project in OPUS 53 competition organized by National Science Centre, Poland.

Aim of the project:

The digitalization of evidence and the democratization of its collection, driven by the widespread use of smartphones and social media, have significantly impacted the international criminal justice (ICJ) ecosystem. Smartphones provide internet access and various recording capabilities, democratizing information and evidence, especially in conflict zones where state authorities may control the narrative. This phenomenon is evident in conflicts such as Syria, Palestine, and Ukraine, where user-generated evidence (UGE) has documented human rights violations and supported prosecutions. OSINT methods, pioneered by Bellingcat, verify such evidence and have been recognized in legal proceedings.

The aim of this project is to highlight the relevance of UGE, including photos, voice recordings, videos, emails, text messages, calls, satellite data, and geolocation data, and its influence on modern prosecution methods. The research will explore how the digitalization and democratization of evidence collection present opportunities for the ICJ ecosystem by making digital content easily accessible and providing deep insights into perpetrators’ intent. Additionally, the project will address the challenges related to the management, authenticity, and admissibility of UGE in international courts.

Research design:

The research will undertake an in-depth examination of the use of UGE in international and national courts, focusing on its integration into legal frameworks and its influence on judicial outcomes. A systematic analysis will be conducted to explore how different jurisdictions handle the admissibility, authentication, and probative value of UGE in prosecuting crimes such as genocide, war crimes, and crimes against humanity.

The project will utilize a mixed-methods approach, incorporating qualitative and quantitative techniques. Content analysis of judicial rulings will provide insights into the legal reasoning behind the acceptance of UGE. Discourse analysis will examine the narratives surrounding the use of digital evidence in court proceedings. Comparative analysis will be conducted to identify best practices across various jurisdictions.

Primary sources will include legal documents, court judgments, and policy papers, while secondary sources will encompass media reports, expert commentaries, and academic publications. Additionally, expert interviews with legal practitioners, investigators, and digital evidence specialists will offer a comprehensive understanding of the practical challenges and opportunities associated with UGE in the ICJ ecosystem.

Intended impact:

This research aims to contribute to the understanding of the evolving role of UGE in international criminal justice, enriching the scholarly discourse on evidence management, digital justice, and the involvement of new stakeholders, such as civil society organizations (CSOs) and tech companies.

The findings will offer insights into best practices for integrating UGE into judicial processes, contributing to policy development, legal reforms, and enhanced collaboration between judicial institutions and non-state actors. By examining challenges such as information overload, data authenticity, and privacy concerns, the project will provide recommendations to improve the efficiency and fairness of the ICJ system.

Furthermore, this research will support ongoing discussions on the role of CSOs and tech companies in strengthening evidence collection and management, fostering collaboration with international judicial bodies, and enhancing accountability mechanisms for crimes such as genocide, war crimes, and crimes against humanity.

General Information:

Principal Investigator: Kaja Kowalczewska

Two Research Investigators: TBA

Student/doctoral Researcher: TBA
Funding: 1 535 506 PLN
Project Duration: 2025-2029
Granting Institution: National Science Centre (OPUS 53)
Registration Number: 2024/53/B/HS5/02794