TABLE OF CONTENTS
ABOUT THIS GUIDE 5
ALL ABOUT THE LAW: WHERE VIDEO AND LAW INTERSECT
7
The Role of Video Beyond the Courtroom
• Part I: Human Rights Justice and Accountability Processes
• Field Note: Video’s Role in Human Rights Advocacy, Endorois Welfare Council v. State of Kenya
• Part II: Who Does What?
Stages of the Criminal Justice Process and Standards of Proof
• Field Note: The Role of Video in the Criminal Justice Process: From the DRC to the ICC
Anatomy of a Crime
• Field Note: Using Video to Help Prove One Element of “How” a Crime Was Committed,
7
8
10
14
18
23
29
36
All About Evidence
• Field Note: Call It Like It Is, Ghouta v. Bhopal - Part I
• Part I: Sources of Evidence
• Part II: Purposes of Evidence
• Field Note: Video is Only One Piece of the Puzzle, Ghouta v. Bhopal - Part II
• Part III: Characteristics of Legal Evidence
39
40
42
46
49
52
International Criminal Tribunal for the Former Yugoslavia v. Tolimir
BASIC PRACTICES 57
Basic Practices: Capturing, Storing and Sharing Video Evidence
• Part I: Get Ready to Film
• Part II: Press Record
• Part III: Safeguard Your Footage
• Part IV: Share Your Video
• Part V: Learn More
57
59
63
66
69
75
FILMING FOR EVIDENCE 76
Collection Planning
Filming Secure Scenes
• Field Note: Filming Long After a Crime, ICTY v. Dokmanović
Adding Essential Information
Proving Responsibility: Filming Linkage and Notice Evidence
• Part I: The Law – The Different Ways a Person can Participate in a Crime
• Field Note: Illustrating “How” a Perpetrator Can Commit a Crime, ICTR v. Ruggiu,
76
89
99
102
111
115
117
Nahimana and Barayagqwiza
• Part II: Command and Superior Responsibility
• Field Note: An Effective and Knowledgeable Commander,
119
122
• Field Note: A Knowledgeable Commander, ICC v. Bemba - Part I
• Field Note: Bemba’s Failure to Act, ICC v. Bemba - Part II
• Part III: How Can Video Help Prove Responsibility?
125
128
131
Constitutional Court of Guatemala v. Rios Montt
VIDEO AS EVIDENCE: TABLE OF CONTENTS V 1.0