scl student essay prize

SCL works to promote for the public benefit education, study and research in the field of construction law. It has around 3,000 members. Read more

• Share on LinkedIn
• Share on Facebook
• Share on Twitter
• Share through email

The SCL Hudson Prize

This article explains the background to this annual prize.

Introduction

The Society of Construction Law is well-known to most of those involved in construction procurement, contract claims and dispute resolution. Founded in 1983, it comprises over 3000 members from all sections of the construction industry and associated legal practices. Lord Justice Coulson is its President and Hamish Lal is the current chair. Its mission is to promote and encourage the study of construction law and the exchange of information and ideas concerning it. This is done in a number of ways, including the giving of papers by invited speakers at the monthly meetings in London and the regions, publishing papers and supporting educational activities in the construction law field in universities and colleges.

The idea of an essay prize

In the mid-1980s, Leonard Fletcher and other leading members of the Society at that time conceived the idea of an annual prize to be given for the best essay on a construction law topic. The name was chosen in honour of Alfred Hudson, who was virtually the founding father of the subject and author of what was for many years the only comprehensive principal text. Thus the Alfred Hudson Prize, as it was then known, came into being.

After a decade as the Alfred Hudson Prize, the competition was re-launched with a slightly different format as the SCL Hudson Prize in 1996, in order to encourage the widest possible range of participants and topics. A maximum limit of 5000 words was introduced and the emphasis placed on originality of thought or approach. The Society has periodically increased the prize money, which currently stands at £2,500 for 1st Prize and £1,250 for 2nd Prize. Entrants can also be Highly Commended or Commended. All who are awarded prizes or commendations receive a year' free membership of the Society.

Topics for entry

The Society' Council set out an early formulation of appropriate subject matter for entries: 'The subject matter for entries for the SCL Hudson Prize shall be: A topic which is part of, or closely related to, construction law, including (but not restricted to) Construction and Engineering Contracts, Contract Administration, Claims, Arbitration and Dispute Resolution, Construction Litigation, The law of Torts, Company Law, Property Law, Taxation relating to construction and any other aspect of law or procedure relevant to the construction industry'.

This was an attempt to express the extent of the range of appropriate topics for entry. The scope has always been wide. In the last ten years, there have been prize-winning entries on liquidated damages, costs in adjudication, insurance, performance bonds, payment legislation, concurrent delay, privilege, EU procurement, defective premises, unforeseen ground conditions and variations.

Rules and guidelines can be found here .

Judging the entries

Because of the eclectic choice of topics submitted, it has been seen as important to have a judging panel with a variety of backgrounds. It is our policy to have both lawyers and non-lawyers as panel members. At different times, the panel has included barristers (both QCs and juniors), solicitors, arbitrators, engineers, chartered surveyors and academics.

As already indicated, the judging panel will give considerable weight to the freshness of the ideas and the value of the work: especially to originality of thought/approach and contribution to the study or practice of construction law or its application. Naturally, the substance of the submission is important and so explanation of the basic information and the quality of the discussion/analysis are at a premium. Marks are also awarded for clarity of presentation, grammar, spelling, punctuation and referencing.

A strict approach is taken to the 5,000 word limit. While footnoting or other method of referencing sources does not count towards this total, and is encouraged, recent attempts to avoid the word limit by loading footnotes with matters of substance have almost always been counter-productive.

Papers with a maximum of two authors will be accepted, although any prize obtained in this way would be shared between the authors.

Entrants and winners

Just as the Society' members represent many disciplines related to construction, so the entrants and winners of the SCL Hudson Prize have come from a wide range of backgrounds. Unsurprisingly, the legal profession is well represented, with three pupil barristers and a Queen's Counsel amongst past prize-winners. Solicitors, including a trainee solicitor, have been numerically the most successful grouping, with two prizes for local authority solicitors since 2008 to add to those won by private practitioners, both associates and partners.

Although Philip Britton, with four First Prizes and a Second Prize, has been the most successful competitor in the history of the SCL Hudson Prize, academics have been less dominant than might have been expected, with seven wins (four Firsts, three Seconds) since 1996. Quantity surveyors have won two major Prizes.

Reflecting the geographical spread of SCL membership, there have been a number of wins from outside London, from Scotland, Northern Ireland, Hong Kong and most notably from Australia. Australian-based entrants have won five major Prizes (one First, four Seconds) and Australians based in the UK a further three Prizes, Julian Bailey being only the second ever competitor to win First Prize on two occasions.

Past winners

A list of past winners can be viewed on this website.

Publication of winning papers

The Society publishes the prize-winning entries and many are also published in prestigious journals such as the International Construction Law Review or the Construction Law Journal.

Has anyone heard back from the Estelle or Woolf essay prizes?

Quick Reply

Related discussions.

• Woolf Essay Prize 2023
• Forgot to cite source in essay competition!
• English Literature Extra / Suppercurriculars
• Specialised Foundation Programme 2024
• John Locke Essay Competition Shortlist 2024
• John Locke Essay Competition 2023
• UCL classics essay competition
• NCH essay competition 2022
• UCL Greek/Latin essay prize
• Cambridge Philosophy Admissions test
• Robson History Prize 2023 Applicants?
• Fitzwilliam college(Cambridge university) essay comepetition results
• How accurate is ChatGPT at grading assignments?
• Christmas Plans
• Laundry at Woolf College
• US Universities - How many A-Levels, is there a big difference between 4 or 3 if I am
• Extra curricular activities and workexperience
• John Locke Essay Competition 2023 - Formal Invitation
• Lecturer Meeting

Last reply 2 days ago

Last reply 4 days ago

Last reply 1 week ago

Last reply 2 weeks ago

Last reply 3 weeks ago

Articles for you

Writing a law personal statement: expert advice from universities

Finding a university place in Ucas Clearing 2024: 10 top tips to help you get ready

Top 10 tips for Ucas Clearing 2024

Bringing business people into the classroom: what students learn from industry professionals

• Hungarian forint
• HelloMagyar

Zsófia Konkoly wins Hungary’s first gold at Paris Paralympics! – PHOTOS

MÁV announcement: Trains to commute differently this autumn, Budapest Airport and Vienna lines affected

Hungarians go shopping abroad because Hungary became too expensive

Pan-European Picnic: SZE Students Honoured at Hungarian-German Youth Association Essay Competition

Sponsored content

In addition to three German young people, two students from Széchenyi István University won prizes in the essay competition organised by the Hungarian-German Association for Youth on the 35th anniversary of the Pan-European Picnic. The prestige of the competition is reflected in the fact that the awards were presented by the President of the Association in the presence of the Presidents of the two countries.

The Pan-European Picnic is one of the emblematic events of the regime changes in Central and Eastern Europe. On 19 August 1989, a large number of people gathered near Sopron in the spirit of the idea of a Europe without borders, and then, taking advantage of the programme, hundreds of East German citizens broke through the border gate and fled to the West. This became a symbol of the fall of the Iron Curtain and indirectly contributed to the fall of the Berlin Wall a few months later.

The 35th anniversary of this historic moment was recently commemorated in Sopron, organised by the Hungarian-German Youth Association and the Hungarian office of the Konrad Adenauer Foundation. The event gave seventy young people from six countries the opportunity to deepen their knowledge of history. As part of the programme, the results of an essay competition organised by the association were formally announced. There were 21 entries presented, assessing the historical significance and impact of the Pan-European Picnic . The themes of cultural understanding and civic participation dominated, with eight essays on each, while four essays on the Picnic itself and one on EU membership were submitted.

The students of Széchenyi István University, Máté Kónya and Borbála Illés also took a selfie with German President Frank-Walter Steinmeier. Photo: dujw.org

At the ceremony, the prizes were presented by the Presidents of the two countries, Dr Tamás Sulyok and Frank-Walter Steinmeier, together with Dr Erzsébet Knáb, President of the Hungarian-German Youth Association. “We believe that every meeting, every joint activity that we enable between German and Hungarian young people contributes to building a bridge that we Germans and Hungarians will cross together, hand in hand, in the spirit of partnership” , stressed Dr Erzsébet Knáb, who is also the founding president and a member of the Board of Trustees of the Széchenyi István University Foundation. The awards were presented at the Summer Academy, where participants also discussed the impact of historical events such as the Pan-European Picnic on today’s generation.

A jury of renowned, highly respected German and Hungarian personalities awarded prizes to three German and two Hungarian young people. The latter two are both students of Széchenyi István University, although there were entries from a number of Hungarian higher education institutions: Máté Kónya, from the International Studies degree programme, was awarded second prize, while Borbála Illés, studying Law, won a special prize.

The five winners of the essay competition, including Széchenyi István University students Máté Kónya (fourth from left) and Borbála Illés (fourth from right), received their awards from Dr Tamás Sulyok, President of the Republic of Hungary (first from left) and Frank-Walter Steinmeier, President of the Republic of Germany (second from right), and Dr Erzsébet Knáb, President of the Hungarian-German Youth Association (far right). Photo: dujw.org

“I am grateful to the Hungarian-German Association for Youth for its long-standing commitment and success in fostering relations between the two countries through youth involvement and high-quality events. I am very happy to have been part of this effort at the Summer Academy organised in the context of the anniversary of the Pan-European Picnic. I would like to thank Széchenyi István University for the student-centred, high-quality education that contributed to my current achievement. And as a Sopron citizen, I particularly appreciate the fact that the cultural richness and historical significance of our city is brought to the fore through such prestigious events,” said Máté Kónya.

“For me, the Summer Academy and its highlight, the Memorial Day, were both a challenge and a life-changing experience. It was a tremendous opportunity to meet so many people thinking together, working for a common goal and to relive this historic event in such a great community. I am grateful to all those who participated in making it happen, without whom I would not have realized how important it is for me to build bridges not only between nations, but also between the goals that shape our future”, said Borbála Illés.

The Hungarian-German Youth Association awarded valuable prizes to the participants of the essay competition. The first prize winner received €150, the second €100 and the third €50. In addition, the top three winners each won a five-day Interrail ticket to travel around Europe.

• Sulyok: Hungary-Germany relations key – Pan-European picnic’s 35th anniversary, read more HERE

What happened today in Hungary? – 29 August, 2024

Airbnb association takes up the fight against possible ban in budapest, ricky martin to hold a free concert in budapest, hungarian man arrested for smuggling u.s. military devices to russia, leave a reply.

Your email address will not be published. Required fields are marked *

Save my name, email, and website in this browser for the next time I comment.

Are you over 18 years of age?

33rd Farmer Expo opened in Debrecen

Is an enigmatic Hungarian businessman the world’s 36th wealthiest person with EUR 34.35 billion?

There are still at least 84,000 needy school-age children in Hungary

Emmy Award winner American actor is in Budapest!

Law Essay Competitions

From learnmore.

• 1.1 The Andrew Lockley Public Law Essay Competition
• 1.2 vLex International Law & Technology Writing Competition
• 1.3 Times Law Awards
• 1.4 The Graham Turnbull Memorial International Human Rights Essay Competition
• 1.5 Bar Council Law Reform Essay
• 1.6 JLD Essay Competition
• 1.7 UKELA Andrew Lees Prize
• 1.8 ARDL Marion Simmons QC Essay Competition
• 1.9 FIDE Essay Prize
• 1.10 Future Legal Mind Award
• 1.11 Property Bar Association Essay Competition
• 1.12 SCL Student Essay Prize
• 1.13 Shamnad Basheer Essay Competition on Intellectual Property Law
• 1.14 UK Centre for Animal Law Essay Competition
• 1.15 Human Rights Essay Award

Feeling like a winner?

There are lots of opportunities to try out your writing expertise throughout the year...sometimes for money (oh and prestige and worldwide fame of course...).

The Andrew Lockley Public Law Essay Competition

Irwin Mitchell run this competition for aspiring public law and human rights solicitors and it is a fantastic opportunity to get your name out there, win a £250 Blackwell's gift card and to develop your legal writing skills.

It is open to law students, graduates, paralegals and trainee solicitors.

Entrants are asked to submit an essay of no more than 1500 words on the following topic:

What key factors should the courts consider and give most weight to when balancing the rights to freedom of expression and assembly of protestors with disruption to other members of the public?

Deadline is: 31st October 2023. Find full details of the competition, including the rules via the Irwin Mitchell website .

vLex International Law & Technology Writing Competition

This annual competition (it has been running since 2018) centres around three new themes each year. For 2023 these were:

• Law, technology and climate
• Law, technology and crypto
• Law, technology and sports

In previous years the winner has received a whopping £1500, with additional prizes for runners-up.

We'll let you know once the competition is announced for this year, but for now, why not look at the vLex Law Students page to see the work of winners from the 2023 competition.

Times Law Awards

The biggest of these law essay competition is The Times Law Award. Last year's competition deadline was mid-Jan and prizes were substantial, with £3,500 for the winner and £2,500 and £1,500 for second and third place. Not bad for a 1000 word essay on a given topic!

Last year's title was:

Should states and private parties be entitled to recover reparations from aggressor states, and if so, how??

You can see the prize-winning essays (1st, 2nd, 3rd and 3 runners-up going all the way back to 1995) on the One Essex Court/Times Law Award website .

We'll update this as soon as this year's competition is announced.

We're very proud of the incredible number of City students and alumni who have performed so well in this competition over the years. We have seen the following successes from them:

GDL student Charlie Colenutt was runner-up in 2020 * BPTC student William Beddows was runner-up in 2019 * BPTC student Katie Ratcliffe (3rd) in 2018 * GDL student Genevieve Woods (1st) in 2017 * Joshua Brown (1st) and Gavin Dingley (2nd) in 2016 * BPTC students George White (1st) and Lara Hassell (3rd) (Lara completed the GDL at City in the previous year) and BPTC alumnus James Beeton (2nd) in 2014 * GDL students Andrew Lomas (1st) and Lara Hassell (2nd) in 2013 * GDL and BPTC alumni James Potts (1st) and GDL student Thomas Coates (2nd) in 2012 * GDL student Anthony Pavlovich (1st) in 2011 * GDL student Anita Davies (1st) in 2010. Anita's winning essay was described by Jack Straw as "an engaging, erudite piece of prose" * GDL student Amy Rogers (1st) in 2006 * GDL student Sarah Love (joint 1st) in 2005 * BVC student James Brilliant (1st) in 2004 * GDL student Mathew Guillick (1st) in 2002 *

The Graham Turnbull Memorial International Human Rights Essay Competition

An annual competition named after Graham Turnbull, an English solicitor who did much to promote respect for human rights. Graham was killed in 1997, working as a human rights monitor on the United Nations Human Rights Mission in Rwanda.

Until 2023, the competition was administered by the Law Society but will now be managed by the Graham Turnbull Memorial Fund independently. We are waiting to hear details of this year's competition and will update as soon as we can!

In previous years, the competition was open to law students, trainee solicitors, pupil barristers and all solicitors/barristers within 3 years of admission/call. It asked for essays of no more than 2000 words in length and awards the winner of this prestigious award, £500.

Previous winners include Niall Coghlan (2013 competition) and Nick Jones (2019 competition), who were both on the GDL programme at City. You can read the winning entries all the way back to 2010 on the Law Society page for inspiration in the meantime...

Bar Council Law Reform Essay

Sponsored by the Bar Council Scholarship Trust, this competition is open to students and pupils and requires entrants to write a piece of less than 3000 words proposing the case for a law reform which is desirable, practical and useful. Top prize is £4000 which could come in very handy for funding some part of your legal education.

City GDL students have won in previous years: Daisy Ricketts (2011) and Calum Docherty (2010) were both successful. Calum proposed the reform of copyright law in Standing on the Shoulders of Giants: Reforming Fair Dealing in English Copyright Law and Daisy with Strengthening the Rule of Law: Reforming the Scope on Parliamentary Privilege . In 2012 City student Mek Mesfin was runner-up in the CPE category and in 2013 Ross Beaton , a City GDL alumni won the overall prize. You can see all previous winners and read their essays via the Bar Council website .

Phoebe Whitlock won in the GDL category for 2016's competition with an entry entitled Rivalling Silicon Valley: The case for the reform of Software Patents. Take a look at the CityNews story about this. For the 2017 competition, GDL student Clarissa Wigoder won first prize with her essay Spare the rod: Why the law on corporal punishment needs to be reformed, and Daniel Fox was named runner-up with his piece: I hate being idle: Asylum seekers and the right to work. In 2020 BPTC alumnus Oliver Brewis won for his piece: Unravelling the Sleeve of Care: Fair Remuneration for Employer-contracted Sleep . In 2021, GDL student Annika Weis won with her entry: Licence to sanction - Stopping Environmental Crimes through UK Magnitsky legislation . Last year, GDL student Raphael Marshall was first runner-up in the competition.

Take a look at their entries (and other winners back to 2018) via the Bar Council website . The competition information usually comes out in April and the deadline for entries for 2023 is 23rd October at 5pm.

JLD Essay Competition

Open to its members, the Junior Lawyers Network of the Law Society , have an annual competition for those registered with the Solicitors Regulation Authority. This includes LPC students and those qualified and working as paralegals. The deadline is normally around the end of November each year and they generally ask for essays of no more than 2000 words. I can't currently find any information about this year's competition, so have fired off an email to the organisation. Update soon!

Essay titles from previous years include:

Is there a role for the legal profession in environmental, social and governance (ESG) considerations?

What’s in a name? Is the title of solicitor still relevant??

How will the rule of law be affected by advances in legal technology?

UKELA Andrew Lees Prize

Named for a former Friends of the Earth Campaign Director (Andrew Lees, a leading environmental campaigner who died unexpectedly in 1994) this prize has been going many years. You can view previous winners on the site and the winner normally receives support for travel and attendance at the UKELA annual conference as well as see your work published in their members' journal.

The deadline for submissions is usually around early April of each year. The 2024 competition is likely to launch in January 2024.

Find out more about the competition and associated rules on the UKELA website , as well as essay winners from past years.

The 2023 competition pivoted around the following statement: 'If we are to meet the challenges of the climate and nature crises, it is essential to strengthen current approaches to environmental governance. Discuss'. You can read the winning entry via the UKELA website.

ARDL Marion Simmons QC Essay Competition

Annual essay competition from the Association of Regulatory and Disciplinary Lawyers . Students are asked to write no more than 1500 words on a topic. The competition asks applicants to submit an essay on a regulatory law or disciplinary law topic of their choice.

First prize winner takes home £2000, second prize winner £1000 and third prize £500. Details of the competition are normally released in February, with a deadline for submission in late April.

Entry is open to all undergraduate and postgraduate students in the UK and a wide range of early practitioners too. You can see full eligibility details via the competition website .

FIDE Essay Prize

The UK Association for European Law also run an essay competition, with the winner securing a bursary to attend the biennial FIDE CONGRESS Conference, which usually takes place in May.

Students are generally asked to write no more than 2000 words (including footnotes) on the topic provided.

Submissions are judged by a panel from the UKAEL committee, who will award the winner registration at the conference in addition to £600 towards accommodation and travel. The winner of this prize in 2018 was William Spence, GDL student at City. In 2014 another City student (BPTC) took the prize, Niall Coghlan. You can read both their essays via the UKAEL website. Niall has had a great year for developing his European Law expertise - he was also part of the team that won the European Human Rights Moot in Strasbourg.

Sadly the competition has been on pause in recent years and will likely not run in 2024.

Future Legal Mind Award

Launched in 2014 by the National Accident Helpline the winner of this competition will receive £1500 towards their career development, as well as gain access to mentoring and a work experience placement.

There are separate awards for undergraduates and postgraduates. The last time the competition ran was 2022. You can find out more about the competition and see the winning entries via the National Accident Helpline competition website .

The 2015 winner in the postgraduate category was Lukas Hamilton-Eddy (City GDL student). In 2016 the prize was again won by a City GDL student, Tom Phillips. He wowed judges with his essay on the future of legal services for firms and consumers. Another City student, Pavlos Artemios Xagoraris also made the finalists stage. Pavlos is in the first year of his Graduate Entry LLB. Katherine Strange (GDL) was a finalist in 2017. We're overdue another City winner!

Property Bar Association Essay Competition

This competition was launched in November 2015 and asks students each year to write a 1000-word essay, with the winner taking home £1000, a copy of Megarry & Wade AND their essay published in the Estates Gazette .

The question for 2023 was Has equity been taken too far in enforcing informal promises of interests in land?

The question is normally released in November each year and the essay deadline in early January.

Arabella Adams (City GDL) won the 2017 competition and Elijah Granet (City GDL) won first prize in the 2020 competition .

SCL Student Essay Prize

The Society for Computers and Law annual essay competition asks entrants to write a maximum of 2000 words in order to be in with a chance of winning a free place at the annual SCL Conference, publication of your essay in the SCL Computers and Law magazine and £300. The competition honours the memory of the amazing Sir Henry Brooke, a former President of SCL.

The 2021 competition (deadline was in November of that year) asked students to address the following question in fewer than 2500 words:

There is increasing concern that machine learning tools embed bias in their operations and outputs. To what extent does the law currently provide adequate protection from or adequate redress in respect of any such discrimination?

We've contacted the SCL to find out if this competition will run in 2024.

Shamnad Basheer Essay Competition on Intellectual Property Law

This competition was launched in 2020 by SpicyIP , in honour of their founder Professor Shamnad Basheer. Excitingly this competition asks for submissions on anything related to intellectual property rights – the more creative the better. The call generally comes out in May of each year.

The word limit for submissions is 5,000 words (inclusive of footnotes) and the deadline for submissions is June 30, 2020 (23:59 IST).

All submissions and any queries should be e-mailed to [email protected].

The competition is open to students currently enrolled in any LLB program (or its equivalent – meaning students enrolled in J.D. programs can take part) across the world.

We are awaiting information on the 4th annual essay competition but you can see the winners of the 2022 competition and their essays via the SpicyIP website .

UK Centre for Animal Law Essay Competition

The details of the 2024 competition will be released in November 2023.

Last year's competition title was:

Can the UK’s hunting legislation be reformed to ensure practical protection for UK wildlife? .

The inaugral competition was won by City GDL and BVS student Sam Groom. You can see a fantastic video of Sam speaking about the competition on the competition website.

First prize is a £150 book voucher and the chance to get your essay published in the UK Journal of Animal Law.

Human Rights Essay Award

The Human Rights Essay Award is an annual competition (sponsored by the Academy on Human Rights and Humanitarian Law at Washington College of Law) that seeks to stimulate the production of scholarly work in international human rights law.

The Academy will grant two Awards, one for the best article in English and one for the best article in Spanish. The Award in each case will consist of:

• A full scholarship to the Program of Advanced Studies on Human Rights and Humanitarian Law for either the Diploma or Certificate of Attendance options.
• Travel expenses to and from Washington D.C. (if the competition is not virtual)
• Housing at the university dorms
• Per diem for living expenses
• The best articles may also be published in the American University International Law Review

It is open to all lawyers around the world regardless of their nationality, but participants must already have a law degree Juris Doctor, (J.D.), Bachelor of Laws (LL.B.) or equivalent by the submission due date to be eligible. They must also have a demonstrated experience or interest in international human rights law.

The 2022 topic was Climate Change and Human Rights: Impacts, Responsibilities, and Opportunities and the deadline was the end of January.

We are awaiting information on the 2024 competition.

Atrocities on Camera: Solutions to Admissibility Issues with Digital Evidence at the International Criminal Court

Due to the proliferation of mobile phones with built-in cameras, the volume of information on potential Rome Statute crimes perpetrated by oppressive regimes has risen exponentially. However, as was highlighted as far back as 2017 in a report by Global Rights Compliance LLP (GRC), a law firm founded by influential human rights lawyer Wayne Jordash QC, this exponential rise in information has not necessarily translated into a rise of usable evidence. [1]

Investigations into such crimes often look to bring cases before international tribunals, or the International Criminal Court (ICC). Bringing such cases is crucial to transitional justice efforts around the globe. Transitional justice, defined at the UN as the process by which societies emerge from civil conflict and human rights abuses, require both truth-seeking efforts, and accountability for those responsible in order to reinvigorate the rule of law for persecuted populations. [2] Being able to use all available information to ensure successful prosecutions is thus a key issue.

The November publication of Washington D.C-based Public International Law and Policy Group (PILPG)’s needs assessment identified a number of current issues with digital evidence in meeting the evidentiary standards of the ICC. The report highlighted that these standards are complex, and thus without proper training, digital information obtained by grassroots documenters can have problems being used in court. The report proposed developing digital tools to aid human rights documenters in meeting these standards. [3]

Issues with admissibility have become even more pronounced during the COVID-19 pandemic, where investigations by civil society organisations into atrocities and crimes committed by oppressive regimes are more difficult to conduct due to travel restrictions. [4] Indeed, more than ever, small grassroots human rights defenders (HRDs) are the ones who document the acts. HRDs have varied levels of training and data literacy, and can have limited resources, but ensuring their documentations meet evidentiary standards is needed to hold human rights abusers to account. [5]

What are Rome Statute crimes?

The ICC is one of the key judicial mechanisms for transitional justice and has the power to charge leading individuals in regimes with one of the four crimes under the Rome Statute (perhaps soon to be five, with the recent attempts to amend the Statute to include ‘Ecocide’). These crimes are outlined in the Statute as being, a) Genocide, b) Crimes against humanity, c) War crimes and d) Crimes of aggression. [6] In order to establish these crimes, vast amounts of testimonial and physical evidence are often collected, but with the increase in smartphone usage, documentary evidence, such as footage recorded or pictures taken, are growing in importance. [7]

What Are The Current Issues With Admissibility?

Under rule 69(4) of the ICC Rules of Procedure and Evidence, judges can admit evidence by taking into account the probative value of the evidence and whether it may prejudice a fair trial. [8] The probative value of the evidence is where the admissibility issues often occur, since the court will consider two distinct factors. First, whether the evidence is authentic, or may have been tampered with. [9] Second, whether the evidence is reliable, that is, whether it is what it says it is. [10] Digital information has often failed to meet evidential standards in four key ways, as highlighted by the GRC report: Chain of Custody, Hearsay, Authentication and Preservation. [11]

Chain of Custody

Having a strong chain of custody requires that the handling of the digital data must be carefully documented from capture to presentation. [12] Failing to do this can lead to reliability issues. When videos and photos are directly uploaded to the internet purporting to show crimes, the ease with which these may be fabricated has meant that this information is often largely relegated to the role of corroborating stronger evidence or to provide general context, if admissible at all. [13] Even when data collected by HRDs on the ground can show a careful documentation of chain of custody, there is still the danger that a lack of encryption when storing the data or the use of cloud storage, will raise concerns that this chain has been broken, since it could have been tampered with in the intervening period between being sent and being received. [14]

Solutions to this have been suggested, such as the automatic upload of video and photo evidence to a secure centralised server, such as used by the tool eyeWitness. [15] This method of direct transfer of documented evidence appears to radically simplify the chain of custody, making data much more viable as evidence before the ICC. However, the PILPG report does point out two key issues with this: the maintenance of the server and the fact that the HRDs then have access issues to their own collected evidence. [16]

Hearsay refers to statements which are related by a documenter, of things which they personally did not witness. This may occur when digital evidence is submitted anonymously, perhaps because the HRD wanted to maintain secrecy. [17] The statements are typically relayed by a grassroots organisation to a larger human rights organisation, which then analyses it and presents the case to the ICC, meaning significant distance between the original witness and the final piece of evidence. The ICC has previously only admitted hearsay evidence to the extent that it corroborated other evidence, and so the admissibility of anonymous documentations, collected by human rights organisation, may be compromised. [18]

The PILPG report suggests that an app, or recording tool, which allows direct capture may also remedy this issue, since it would be much more closely connected to the originating source. The GRC report backs this up, noting that a complete chain of custody, and detailed log of meta-data to accompany the evidence, can strengthen it to overcome the sometimes-required level of distance between the anonymous HRD and the civil society organisation bringing the case to the ICC. However, the report also highlights a key trade-off between verifiability and human security. That is to say, the presence of a human rights documentation app may endanger a human rights documenter if found on their phone by government forces. [19]

Authentication

In an age where “deep fake” videos and photos can be created to appear genuine, the issue of authenticity also arises when admitting digital evidence to international criminal tribunals such as the ICC. This is particularly the case with open source investigations, which are acutely vulnerable to manipulation. [20]

The PILPG report highlights the need for digital evidence to have a detailed trail of metadata, and a complete chain of custody in order to admit such evidence. Again, it seems as if apps, which directly upload from the phones of documenters, would be of greatest assistance here, since deep fakes are harder to use when there is a concise and secure record from the capture of the information to the end.

However, as before, a crucial problem is that the more verifiable an app becomes, with the associated meta-data trail, the more chance there is of governments being able to identify the recorder on the ground. This is something developers looking to help document evidence for human rights proceedings have found to be incredibly complex, leading many grassroots NGOs to view such apps as a security risk, and diminish their uptake. [21]

Emerging technologies such as blockchain may have a role to play in solving this issue. Certification through pseudonymised distributed ledger technology has the power to render the recorder at least pseudonymous while also identifying the material as genuine.

Preservation

Finally, digital evidence also presents preservation challenges. If the data is stored without encryption, or transmitted without encryption, it leaves open questions of authenticity, and potentially breaks the chain of custody, and may be rendered inadmissible. The PILPG report suggests that the importance of secure digital archiving will be crucial to preserving the evidentiary value of digital evidence for use in future criminal tribunals.

A secondary issue in this regard is the sheer volume of data that is available, given the proliferation of smartphones with cameras. It has been suggested that machine learning may make the sorting and archiving process of this data easier, but techniques such as Natural Language Processing (NLP) have been highlighted as problematic due to the lack of technology that incorporates the languages of victims, especially regional dialects, in which interviews may be conducted. [22]

The Gap between Digital Evidence and Admissibility: A Need for Solutions

Our world is on camera more than ever but turning that deluge of information into an increase of verifiable evidence that stands up in pre-trial admissibility hearings at the ICC is crucial to increasing accountability and deterrence. Lawyers and developers have the ability to resolve these issues and empower grassroots HRDs to document in a way that is easy to use, secure, and also protective of those documenting, and direct upload apps seem the emergent solution, but must be balance with a need to protect HRDs on the ground and work closely with them to build bespoke solutions.

Bibliography

Eyewitness <www.eyewitness.global/welcome> accessed 12 December 2020

Finalized draft text of the Rules of Procedure and Evidence. Addendum to the Report of the Preparatory Commission for the International Criminal Court, UN Doc. PCNICC/2000/INF/3/Add.1 of 12 July 2000.

Global Rights Compliance LLP, ‘Standards of Digital Evidence’ (2017), 7 <www.globalrightscompliance.com/uploads/84f9281491a3a444312a0fed594157df.pdf> accessed 12December 2020

PILPG, Human Rights Documentation by Civil Society – Technological Needs, Challenges, and Workflows (2020), 46 <static1.squarespace.com/static/5900b58e1b631bffa367167e/t/5fb58bcb67862d7d964cf27a/1605733350976/PILPG+-+HR+Doc+Solutions+-+Assessment+Report.pdf> accessed 12 December 2020

Rome Statute (adopted 17 July 1998, entered into force 1 July 2002) 2187 UNTS 38544 (Rome Statute) art 5

UNSC, ‘United Nations Approach to Transitional Justice’ (2010), 2 <www.un.org/ruleoflaw/files/TJ_Guidance_Note_March_2010FINAL.pdf> accessed 12 December 2020

[1] Global Rights Compliance LLP, ‘Standards of Digital Evidence’ (2017), 3 <www.globalrightscompliance.com/uploads/84f9281491a3a444312a0fed594157df.pdf> accessed 12 December 2020

[2] UNSC, ‘United Nations Approach to Transitional Justice’ (2010), 2 <www.un.org/ruleoflaw/files/TJ_Guidance_Note_March_2010FINAL.pdf> accessed 12 December 2020

[3] PILPG, Human Rights Documentation by Civil Society – Technological Needs, Challenges, and Workflows (2020), 40 <static1.squarespace.com/static/5900b58e1b631bffa367167e/t/5fb58bcb67862d7d964cf27a/1605733350976/PILPG+-+HR+Doc+Solutions+-+Assessment+Report.pdf> accessed 12December 2020

[4] ibid. 44

[5] ibid. 47

[6] Rome Statute (adopted 17 July 1998, entered into force 1 July 2002) 2187 UNTS 38544 (Rome Statute) art 5

[7] Global Rights Compliance LLP, ‘Standards of Digital Evidence’ (2017), 1 <www.globalrightscompliance.com/uploads/84f9281491a3a444312a0fed594157df.pdf> accessed 12December 2020

[8] Finalized draft text of the Rules of Procedure and Evidence. Addendum to the Report of the Preparatory Commission for the International Criminal Court, UN Doc. PCNICC/2000/INF/3/Add.1 of 12 July 2000.

[9] Global Rights Compliance LLP, ‘Standards of Digital Evidence’ (2017), 6 <www.globalrightscompliance.com/uploads/84f9281491a3a444312a0fed594157df.pdf> accessed 12December 2020

[10] ibid. 6

[11] ibid. 6

[12] PILPG, Human Rights Documentation by Civil Society – Technological Needs, Challenges, and Workflows (2020), 66 <static1.squarespace.com/static/5900b58e1b631bffa367167e/t/5fb58bcb67862d7d964cf27a/1605733350976/PILPG+-+HR+Doc+Solutions+-+Assessment+Report.pdf> accessed 12 December 2020

[13] Global Rights Compliance LLP, ‘Standards of Digital Evidence’ (2017), 7 <www.globalrightscompliance.com/uploads/84f9281491a3a444312a0fed594157df.pdf> accessed 12December 2020

[14] PILPG, Human Rights Documentation by Civil Society – Technological Needs, Challenges, and Workflows (2020), 67 <static1.squarespace.com/static/5900b58e1b631bffa367167e/t/5fb58bcb67862d7d964cf27a/1605733350976/PILPG+-+HR+Doc+Solutions+-+Assessment+Report.pdf> accessed 12 December 2020

[15] <www.eyewitness.global/welcome> accessed 12 December 2020

[16] PILPG, Human Rights Documentation by Civil Society – Technological Needs, Challenges, and Workflows (2020), 66 <static1.squarespace.com/static/5900b58e1b631bffa367167e/t/5fb58bcb67862d7d964cf27a/1605733350976/PILPG+-+HR+Doc+Solutions+-+Assessment+Report.pdf> accessed 12 December 2020

[17] ibid. 34

[18] Global Rights Compliance LLP, ‘Standards of Digital Evidence’ (2017), 11 <www.globalrightscompliance.com/uploads/84f9281491a3a444312a0fed594157df.pdf> accessed 12December 2020

[19] PILPG, Human Rights Documentation by Civil Society – Technological Needs, Challenges, and Workflows (2020), 46 <static1.squarespace.com/static/5900b58e1b631bffa367167e/t/5fb58bcb67862d7d964cf27a/1605733350976/PILPG+-+HR+Doc+Solutions+-+Assessment+Report.pdf> accessed 12 December 2020

[20] Global Rights Compliance LLP, ‘Standards of Digital Evidence’ (2017), 7 <www.globalrightscompliance.com/uploads/84f9281491a3a444312a0fed594157df.pdf> accessed 12December 2020

[21] PILPG, Human Rights Documentation by Civil Society – Technological Needs, Challenges, and Workflows (2020), 46 <static1.squarespace.com/static/5900b58e1b631bffa367167e/t/5fb58bcb67862d7d964cf27a/1605733350976/PILPG+-+HR+Doc+Solutions+-+Assessment+Report.pdf> accessed 12 December 2020

[22] ibid. 45

You might also like

THE ISSUES OF APPLYING AI ALGORITHMS

The EU Strategy Towards a Digital Single Market

The Online Safety Bill: Striking a Balance Between Free Speech and the Safety of Children?

India and Twitter bans - the fragmentation of the free web

Privacy, Danger And Widespread Discrimination: Should The UK Government Consider Action Against TikTok?

Subscribe to new posts., subscribe to be notified of new content and support scl student bytes..

Unsupported Browser: IE11 has been unsupported since 2015, please use a modern browser to access this site