leiden guidelines Update

Satellite and Aerial Imagery: new guideline

C7: To be found reliable, expert witness testimony and reports analysing satellite imagery should detail the sources of data, the methodology used, and the limitations of the analysis.

ICC Trial Chamber X in Al Hassan (fn 3459) found the satellite imagery expert L. Bromley’s testimony and report to be reliable, noted the following contributing factors:

• clear and precise detailing of the sources of data,

• the limitations of satellite data analysis,

• the methodology used, “notably how the images used for the analysis were obtained and processed”

• the conclusions reached, “within the scope of the instructions from the Prosecution”

Absent expert analysis, sources, and/or methodology, satellite imagery might not be relied upon. ICC Trial Chamber V in Yekatom and Ngaïssona (fn 7357) limited its reliance on a report’s satellite imagery to that “only within the context of the evidence provided by a satellite imagery expert”, excluding other aspects of the report for purposes of reaching the Chamber’s conclusions.

For more, please see leiden-guidelines.com