Social Media Evidence in International Criminal Law: Case Studies and Practical Applications

By Anagnostakis Law Team.

Introduction

The integration of social media evidence into international criminal proceedings has evolved rapidly through practical application and judicial interpretation. This analysis examines key cases that have shaped the treatment of social media evidence while providing practical insights for practitioners.

Landmark Cases and Their Impact

Prosecutor v. Al-Werfalli (ICC-01/11-01/17)

The Al-Werfalli case marked a watershed moment for social media evidence at the ICC. The Pre-Trial Chamber issued an arrest warrant based substantially on Facebook and YouTube videos showing the accused allegedly conducting or ordering executions in Libya.

Key Evidentiary Principles Established:

  • Social media videos can form the primary basis for arrest warrants
  • Multiple social media sources can corroborate each other
  • Metadata analysis can establish time and location
  • Platform verification features (like YouTube’s timestamp system) can support authentication

Practical Application: The prosecution successfully used video metadata to establish a temporal sequence of events, demonstrating how technical data can support traditional evidence.

The Myanmar Situation (ICC-01/19)

The investigation into alleged crimes against the Rohingya population extensively utilized Facebook posts and communications.

Significant Developments:

  • Facebook preserved and provided over 1.5 million posts related to anti-Rohingya content
  • The platform’s cooperation established a framework for social media companies’ involvement
  • Automated translation tools were approved for preliminary content review
  • Network analysis of sharing patterns helped establish systematic nature of actions

Practical Example: Investigators created visual mapping of content sharing patterns to demonstrate coordinated behavior, using metadata to link apparently disparate posts.

Prosecutor v. Yekatom and Ngaïssona (ICC-01/14-01/18)

This case demonstrated sophisticated use of WhatsApp communications and Facebook posts as evidence.

Notable Features:

  • Authentication of WhatsApp voice messages through speaker recognition
  • Chain of custody documentation for encrypted communications
  • Integration of multiple platform data to establish command structures
  • Use of public posts to corroborate private communications

Practical Application: The prosecution developed a methodology for preserving encrypted communications while maintaining authenticity verification.

Recent Innovations in Evidence Collection

Ukraine Conflict Documentation

The ongoing situation in Ukraine has produced several innovations in social media evidence handling:

Technical Innovations:

  • Real-time archiving of Telegram channels
  • Automated geolocation verification of TikTok videos
  • Blockchain-based timestamp verification
  • Cross-platform content tracking systems

Practical Example: Investigators developed a system for automatically archiving Telegram content with blockchain-verified timestamps, ensuring preservation of volatile evidence.

Syria Accountability Project

Though not an ICC case, this project established important precedents for social media evidence collection:

Methodological Advances:

  • Standardized protocols for preserving Instagram Stories
  • Methods for verifying citizen journalist content
  • Systems for categorizing and cross-referencing social media evidence
  • Integration with traditional witness testimony

Practical Application: The project created a searchable database linking social media content to specific alleged violations, with standardized verification protocols.

Technical Procedures and Best Practices

Authentication Protocols

Current best practices for authenticating social media evidence include:

Digital Forensics:

  • Hash value verification of downloaded content
  • Metadata extraction and preservation
  • EXIF data analysis for images and videos
  • Platform-specific verification features

Practical Example: In a recent case, investigators used combined EXIF data and platform metadata to establish the exact location and time of a video showing alleged war crimes.

Chain of Custody Documentation

Modern approaches to maintaining chain of custody for social media evidence:

Technical Steps:

  • Automated logging of collection processes
  • Blockchain-based verification systems
  • Multiple format preservation
  • Redundant storage systems

Practical Example: Prosecutors now routinely create blockchain-verified copies of social media content immediately upon discovery, establishing an immutable record of the evidence’s existence and form.

Emerging Challenges and Solutions

Deep Fake Detection

Recent cases have grappled with artificially generated content:

Technical Solutions:

  • AI-based detection systems
  • Metadata analysis for manipulation indicators
  • Cross-reference with other evidence types
  • Expert analysis protocols

Practical Example: In a recent preliminary examination, investigators used AI tools to identify potentially manipulated video content, leading to enhanced verification procedures.

Encrypted Platform Evidence

Handling evidence from encrypted platforms presents unique challenges:

Current Approaches:

  • Legal frameworks for accessing encrypted data
  • Technical solutions for preservation
  • Platform cooperation agreements
  • Alternative authentication methods

Practical Example: Investigators developed protocols for preserving Signal messages while maintaining end-to-end encryption verification.

Practical Guidelines for Practitioners

Evidence Collection Checklist

Critical steps for collecting social media evidence:

Initial Collection:

  • Immediate preservation in multiple formats
  • Complete metadata documentation
  • Platform-specific archiving procedures
  • Verification of original source

Practical Example: The ICC OTP now uses a standardized digital evidence collection form that automatically logs technical parameters and preservation steps.

Presentation Strategies

Effective methods for presenting social media evidence:

Presentation Techniques:

  • Interactive timelines
  • Network visualization tools
  • Metadata summaries
  • Context documentation

Practical Example: Prosecutors successfully used interactive visualization tools to demonstrate command responsibility through patterns of social media communications.

Conclusion

The practical application of social media evidence in international criminal proceedings continues to evolve through case law and technological innovation. Success requires combining technical expertise with legal understanding while maintaining rigorous authentication standards.

Current Developments

Ongoing cases are establishing new precedents for:

  • Automated evidence collection systems
  • Artificial intelligence in verification
  • Cross-platform evidence correlation
  • Real-time preservation protocols

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