About this Conversation

Featured Speakers: Kelly Matheson (WITNESS), Christoph Koettl (Amnesty International USA), Wendy Betts (International Bar Association), Enrique Piracés (Carnegie Mellon University), Madeleine (WITNESS), Iva Vukusic (Sense News Agency), Beth Van Schaack (Stanford University), Adam Stofsky (New Media Advocacy Project), Abby Goldberg (New Media Advocacy Project)

Technology

Overview

July 25, 2014

About this Conversation

Featured Speakers: Kelly Matheson (WITNESS), Christoph Koettl (Amnesty International USA), Wendy Betts (International Bar Association), Enrique Piracés (Carnegie Mellon University), Madeleine (WITNESS), Iva Vukusic (Sense News Agency), Beth Van Schaack (Stanford University), Adam Stofsky (New Media Advocacy Project), Abby Goldberg (New Media Advocacy Project)

Technology

Thank you for visiting this conversation summary by Kelly Matheson of WITNESS and the New Tactics online community on Using Video for Documentation and Evidence.

User-generated content can draw attention to human rights abuses. Many filmmakers and activists, however, want their videos to do more. They aim for their footage to bring about justice. Unfortunately, the quality of citizen video often fails to meet the standards needed to serve as evidence in court.

This online discussion gave practitioners in law, technology, and human rights a chance to share their challenges, tools, and ideas. They explored ways to help citizen-captured footage serve as more than just exposure—it can also provide critical evidence in criminal and civil justice processes.

What Does Video Need to Be Evidence?

Videos can play a role in every stage of the criminal justice process. However, their impact depends on their content and what it can prove. A critical question to ask is: “What is this video proof of?” Videos contribute to the broader puzzle required to prove a crime was committed and identify its perpetrator.

Types of Evidence Videos Can Provide

Crime-Based Evidence: Proves a crime occurred.
Linkage Evidence: Links an individual to the crime.
Lead Evidence: Suggests a crime may have been committed.
Corroborative Evidence: Supports other types of evidence.

For example, Beth van Schaack outlines key points that war crimes prosecutors must establish. Linkage evidence can be particularly challenging, but including footage of the broader context can clarify uncertainties. Participants stressed that videos must be properly authenticated to be admissible in court. This often involves testimony from those who filmed or appeared in the footage.

Real-World Examples of Video Evidence

Video evidence has been used in various ways:

Lubanga Case: Videos highlighting child soldiers sparked an investigation but did not prove the children’s ages.
Ghouta and Bhopal Incidents: Videos served as lead evidence but failed to establish linkage.
Darfur, Sudan: Video and photo evidence advanced the case, despite lacking direct links to perpetrators.
Al-Houlah Massacre in Syria: Footage prompted the UN to launch an inquiry.
General Ratko Mladic Speech: Videos linked individuals to Mladic’s command.

Although videos alone may not prove every fact, they often act as pivotal starting points for investigations.

Capturing Video with Evidentiary Value

Capturing videos with evidentiary value requires careful planning. The footage must show not just the crime but also link perpetrators to their actions. Capturing the larger context, such as roadblocks or visible checkpoints, can serve as linkage evidence by identifying the group responsible for controlling the area.

To ensure evidentiary value:

Record continuous, uninterrupted footage.
Capture events leading up to, during, and after the crime.
Film securely to prevent tampering with evidence.

While post-crime footage may not provide direct linkage, it can help judges and juries understand the full picture.

Managing and Authenticating Video Evidence

Managing video evidence effectively is critical for its reliability. Evidence must be authenticated before it can be used in court. This requires proving a chain of custody and ensuring that the footage has not been altered. Keeping an untampered original copy is essential.

The WITNESS Media Archive offers templates for documenting and managing footage. Tools like Rysnc and InformaCam can help securely transfer and enhance metadata for authentication. Verification resources, such as the Verification Handbook and Citizen Evidence Lab, provide step-by-step guides to ensure video authenticity.

Challenges in Using Video Evidence

Despite its potential, video evidence poses challenges:

Strict authentication standards must be met.
Filmmakers may face risks when providing testimony.
Improperly collected footage can conflict with witness statements.

Effective storage and organization are also vital. Without proper management, confusion can arise regarding where the footage was filmed and what it depicts. Training programs like Videre Est Credere help citizen journalists learn how to film safely and discreetly.

The Role of Video in Justice

Video evidence has immense potential to advance justice for human rights abuses. By following proper techniques for capturing, managing, and authenticating footage, activists and practitioners can ensure their work contributes meaningfully to justice processes.

Explore resources like the WITNESS Media Archive and Verification Handbook to strengthen your ability to use video effectively in the pursuit of justice.ication Handbook to strengthen your ability to use video effectively in the pursuit of justice.