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Intercepted Communications in the Ongwen Case

Lessons to Learn on Documentary Evidence at the icc

Bibliographic Data

ID12822701
AuthorsDiletta Marchesi (0000-0002-8329-4280, KU Leuven, corresponding author)
Year2021
Volume22
Issue5-6
Pages920-940
Publication date2021-10-05
Open AccessNo
TypeARTICLE
VenueInternational Criminal Law Review (JOURNAL)
Journal identifiersISSN: 1567-536X • E-ISSN: 1571-8123
PublisherBrill (PUBLISHER • NL)
DOI10.1163/15718123-bja10104
OpenAlexW3210318044
LanguageEN

In the Ongwen judgment, the International Criminal Court ( icc ) deemed ‘highly probative evidence’ the Lord’s Resistance Army radio communications intercepted. However, the Defence had argued that it was unreliable evidence for several reasons. After considering the definition and regulatory framework governing the admission and assessment of documentary evidence at the icc and retracing the road intercept evidence made from Uganda to the Ongwen trial, the article will analyse the issues posed by intercept evidence, including some of the challenges the Defence raised against their reliability. The objective is to call attention to the overlooked concerns the interception of communications during the period to which the charges refer may give rise to at the icc , in particular, in terms of reliability. The article argues that intercepted communications’ peculiar weaknesses require specific attention. As a consequence, their reliability and weight should be assessed with circumspection in the overall evidentiary context

Context (archaeology · Documentary evidence · Political science · Reliability (semiconductor · Resistance (ecology · Sociology · Global Peace and Security Dynamics · Historical and Contemporary Political Dynamics · History · International Law and Human Rights · Law

Highly citedNo

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