Why seeing should not always be believing: considerations regarding the use of digital reconstruction technology in international law

Digital reconstructions of crime scenes have been used more frequently in both domestic and international courts as technology becomes more developed and accessible to courtroom actors. Though digital reconstructions can be beneficial, especially in the context of international criminal law, as they allow judges to visit crime scenes which would otherwise be too expensive or dangerous to travel to in person, there are inherent risks which come with the use of this novel type of evidence in a court of law. This article explores some key considerations which arise if digital reconstructions are to be used in international criminal courts and tribunals, with an emphasis on the rights of the accused and effects on victims and witnesses. It argues that in order for fair trial standards to be upheld and for international courts to fulfil their roles not just as prosecutors of crimes, but as seekers of truth and reconciliation, digital reconstructions need to be approached with caution and analysed through a critical eye.