The Role of Artificial Intelligence in Evidence Gathering for International Criminal Trials: Opportunities, Challenges, and Legal Frameworks

Abstract

The emergence of Artificial Intelligence (AI) and advanced digital technologies has significantly transformed the landscape of international criminal justice, particularly in the collection, preservation, and management of evidence relating to grave international crimes. In contemporary conflicts, where atrocities increasingly leave digital traces across online platforms, satellite networks, and electronic communications, traditional investigative mechanisms alone are often insufficient. The ongoing armed conflict in Ukraine exemplifies this transformation, demonstrating how AI-driven technologies, open-source intelligence (OSINT), satellite imagery, and digital forensic tools are being utilized to document war crimes, authenticate evidence, and support accountability mechanisms before international tribunals. This research critically examines the expanding role of AI in evidentiary practices within international criminal trials, with particular emphasis on its compatibility with established principles governing admissibility, reliability, authenticity, and procedural fairness under international law. The study analyses the legal framework established under the Rome Statute of the International Criminal Court, alongside relevant human rights instruments and customary international law, to evaluate whether AI-assisted evidence can satisfy the standards required in international criminal proceedings. It further explores critical concerns surrounding algorithmic bias, transparency, data integrity, privacy violations, and the protection of due process rights. The research adopts a doctrinal and analytical methodology, drawing upon treaties, judicial decisions, scholarly literature, and emerging practices within international tribunals. It also considers practical challenges arising in conflict zones, including restricted access to crime scenes, fragmented witness accounts, and the overwhelming volume of digital evidence generated through social media, surveillance technologies, and open-source platforms. In this context, AI presents significant opportunities to enhance investigative efficiency, corroborate evidence, reconstruct events, and strengthen prosecutorial capabilities. However, the absence of comprehensive regulatory guidelines governing AI deployment within international criminal justice raises substantial ethical and procedural concerns. The study argues that while AI possesses transformative potential to strengthen accountability for genocide, crimes against humanity, war crimes, and terrorism, its integration into judicial processes must remain firmly anchored in the rule of law, human rights protections, and principles of fair trial. It emphasizes the urgent need for transparent standards, judicial oversight, specialized expertise, and ethical safeguards to ensure that technological innovation does not compromise adjudicative integrity. Ultimately, the research proposes the development of a coherent legal and institutional framework that harmonizes technological advancement with the foundational principles of international justice, thereby enabling AI to function as a credible and responsible tool in the global pursuit of accountability for the gravest crimes against humanity.