The Use of Digital Evidence and Open-Source Intelligence (OSINT) in International Criminal Investigations and Prosecutions

Almoatuz A. Munsoor Associate Professor of Public International Law University of Jeddah, e.mail: aaadam@uj.edu.sa

DOI : https://doi.org/10.65040/remeje.2026.022541

Abstract
The evolution of technology has fundamentally transformed the landscape of international criminal justice, introducing sophisticated methodologies for evidence collection and analysis that were unimaginable merely two decades ago. This research examines the increasing reliance on digital evidence and open-source intelligence in investigating and prosecuting international crimes, including genocide, crimes against humanity, war crimes, and terrorism. Through comprehensive analysis of recent cases before international tribunals and hybrid courts, this study demonstrates how OSINT and digital forensics have become indispensable tools in documenting mass atrocities and establishing individual criminal responsibility. The research explores the legal frameworks governing the admissibility of digital evidence, the technical challenges associated with authentication and verification, and the ethical considerations surrounding privacy and data protection. Drawing upon case law from the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, and various domestic courts exercising universal jurisdiction, this work reveals both the transformative potential and inherent limitations of technology-mediated evidence gathering. The findings indicate that while digital evidence has significantly enhanced prosecutorial capabilities, particularly in conflict zones where traditional investigations prove impossible, substantial challenges remain regarding chain of custody, metadata verification, and the digital divide affecting evidence accessibility. This research contributes to ongoing discussions about evidence standards in international criminal law and proposes recommendations for developing robust frameworks that balance technological innovation with fundamental rights protections.

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