The earth–space alliance in preventing and punishing mass murder crimes: documenting and prosecuting international crimes through aerial satellite evidence

Abstract

Abstract This article explores and articulates contemporary discourse, reflective of the most recent practice in the domain of relationship between artificial intelligence (AI) and discrete fields of international law, primarily concerning the use of such machinery to prevent and punish crime. It looks into the hitherto unforeseen context of the use of satellite imagery and other AI-generated data as evidence before international courts and tribunals in order to document and prosecute the commission of internationally prohibited crimes. Taking as a lead example the curious case of Al-Werfalli before International Criminal Court (ICC), while examining other relevant cases from the practice of the ICC, International Criminal Tribunal for the Former Yugoslavia (ICTY) and International Court of Justice (ICJ) in some exhaustive fashion, the underlying philosophy is to explore the benefits and limits of the AI, with a view of ascertaining the distinct role and place for courts in shaping stable standards in the face of challenges posed by modern technology. The larger objective is indeed three-fold: to ascertain the role and probative value of aerially derived evidence, to explore some of the challenges associated with the use of such evidence, and to understand the role of courts in determining the applicable standards and developing the law. The existing judicial praxis reveals the acceptance of the satellite-based or aerially derived evidence in judicial proceedings and sets forth the requisite operational criteria, which should serve both as guidance and an inspiration for exploring their further development and specification.