PART I
LAW
DEFINITION, CATEGORIES, AND SOURCES OF EVIDENCE
EVIDENCE DEFINED
Broadly, evidence is anything that can provide information about an incident being investigated.
Evidence may come from many sources, as we will soon see. However, legal evidence is defined as
“information that is admissible in court” or “trial-ready evidence.” This means that a piece of
information meets a set of standards for admissibility, which we will discuss below, in Part III.
CATEGORIES OF EVIDENCE
Evidence used in criminal cases falls into two categories:
Category 1
Crime-based evidence is relevant and reliable information about what happened — what
crime was committed against whom, when, and where. Crime-based video evidence might
include footage of, for example, a person being assaulted, property destruction, victim
injuries, a mass grave, troops confiscating humanitarian aid, etc.
Category 2
Linkage evidence is relevant and reliable information that helps prove responsibility for
the crime. In other words, it helps prove who committed the crime and how they did it (e.g.
individual perpetration, conspiracy, aiding and abetting, or command responsibility). This
could include footage of military vehicles, uniforms, patches on uniforms, weapons, military
offices, perpetrators training their forces, speeches where the suspect admits she or he was in
command of the forces who perpetrated the crime, etc.
FOR MORE
INFORMATION
International
criminal tribunals
prosecute the persons most responsible for crimes.
These suspects are
often situated far
away from where
the crimes occurred.
Linkage evidence
serves to connect
the remote perpetrator to crimes on
the ground. To learn
more, see: “Proving Responsibility:
Filming Linkage and
Notice Evidence”
vae.witness.org
42 VIDEO AS EVIDENCE: ALL ABOUT EVIDENCE V 1.0
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