Towards a New Normal: Digitization of International Criminal Law in the Age of Coronavirus

Abstract

Traditionally, the legal field has lagged behind others in its innovative uses of technology to serve the interests of justice. In the wake of the coronavirus pandemic, the physical distancing measures adopted to curtail the spread of coronavirus presented challenged conventional resources and practices used in international courts and tribunals. In response, the pandemic forced international courts and tribunals to follow suit, and determine the role that digital resources could play in the realms of court proceedings and evidence collection.This Article observes the adaptations international courts and tribunals, including the ICC, IRMCT, STL, and the ECCC, have adopted since March 2020 to continue their mandate during the pandemic, as well as their increased reliance upon digital tools that emerged prior to the pandemic, with a focus on virtual proceedings and digital evidence. The Article further considers the potential longevity of this increased use of digital resources in the field of international criminal law, and how the development of these tools can serve the interests of transitional justice by offering cost-saving solutions to courts, strengthening investigations and prosecutions, and increasing access to international criminal proceedings.