Algorithmic Bias, Artificial Intelligence Evidence, and Fair Trial Rights at the International Criminal Court
Athian Farid Baihaqi

Universitas Terbuka

Abstract

The volume of digital evidence before the International Criminal Court has grown, drawing footage from conflict zones, satellite imagery, and social media. This growth raises a question about whether the Court should use artificial intelligence to analyze and verify evidence in prosecutions for war crimes, crimes against humanity, and genocide. A system trained on biased or unrepresentative data may distort the weight given to evidence, threatening the right to a fair trial under Articles 66 and 67 of the Rome Statute of 1998. The opacity of most such systems conflicts with the evidentiary standards under Article 69. Using a normative-legal method based on statutory and conceptual analysis, this study asks whether the existing legal framework can anticipate these risks. It proposes a technological audit protocol and a legal impact assessment requiring algorithmic disclosure, human oversight, and a right to test the reliability of any artificial intelligence tool used as evidence.

Keywords: Algorithmic Bias- Artificial Intelligence Evidence- Fair Trial Rights- International Criminal Court.

Topic: Technological Moderation for Collective Legal Response (Legal Innovation- Collaborative Regulation- Technology and Law)