Virtual Justice: Navigating the Challenges of Remote Testimony at the International Criminal Court

Diala Altaani

Associate professor of International public law, Public Law Department, Yarmouk University

Abdullah Ehjelah

Associate professor of Criminal law, Public Law Department, Yarmouk University,

Shaima Bani Amer

Researcher in Criminal law, Yarmouk University

Hamzeh Abu Issa

Associate professor of Criminal law, Public Law Department, Applied Science Private University

Abstract:

Testimony is regarded as a type of direct evidence in criminal proceedings broadly and in international crimes under the specific jurisdiction of the International Criminal Court (ICC) specifically. Consequently, it has garnered significant attention because to the technological advancements implemented by the Rome Statute in criminal trials, facilitating the conduct of proceedings remotely through contemporary audiovisual technology. Consequently, witness statements may now be obtained remotely through these methods. This study aims to identify the principal challenges associated with remote testimony, whether pertaining to the witness or the Court's supervision, and to analyze how these challenges may impact the validity of such testimony as evidence for establishing or refuting international crimes. The study concludes that the transition to remote testimony through electronic screens may occasionally affect the evidentiary value of the testimony. This is especially apparent when the witness and the accused cannot adequately identify one another through computer screens. The research offers multiple recommendations, including advocating for the restriction of distant testimony to rare and compelling circumstances.

Keyword:

Remote testimony; Virtual hearings; Audiovisual technology; International Criminal Court, testimony