Footage captured in war-torn Ukraine using the International Bar Association (IBA)-founded eyeWitness to Atrocities (eyeWitness) controlled-capture phone app has been used to fortify four cases before the country's courts. The tamper-proof photo, video and audio footage captured using the eyeWitness app - securely stored by IBA partner LexisNexis - meets the strict evidentiary criteria required for them to be admissible as evidence in legal proceedings.
Jaime Carey, President of the International Bar Association, stated: 'When evidence is indisputable, justice becomes harder to deny. The technology behind the eyeWitness app is helping documenters, lawyers and courts rely on evidence that cannot be altered or challenged, reinforcing the pursuit of truth and accountability'.
Mark Ellis, Executive Director of the IBA, said: 'The inclusion of footage captured using the eyeWitness app in these cases reinforces the importance of verified digital evidence in seeking justice. The eyeWitness app provides an essential tool for documenting human rights violations, property damage and war crimes, and we will continue working with legal bodies to facilitate its use in the pursuit of justice.'
Three cases adjudicated by the Commercial Court of Kharkiv in Ukraine relate to compensation claims for damage to non-residential property in Kharkiv. The fourth case, held in the Kharkiv District Administrative Court, relates to the challenge of a tax decision on the grounds that the bombing of the plaintiff's office, which resulted in the destruction of vital financial documents and IT infrastructure, delaying timely tax filing.
The eyeWitness app has been used in Ukraine since 2017 to securely document human rights violations and international crimes. Its use in the country has increased significantly since the start of Russia's full-scale invasion in February 2022.
To-date, documenters on the ground in Ukraine using the eyeWitness to Atrocities app have submitted more than 55,000 photos, videos and audio recordings to the eyeWitness database hosted by LexisNexis Legal & Professional Products - renowned for safeguarding sensitive and confidential material.
To ensure the integrity and reliability of digital evidence, the eyeWitness app generates a digital fingerprint at the moment photos, videos, or audio recordings are captured. This fingerprint is created using a cryptographic hash function that uniquely represents the file's data. When the media is later uploaded, a new fingerprint is generated and compared to the original. A perfect match confirms that the content has not been tampered with in any way. Upon upload, the footage is encrypted and stored in a secure evidence repository. Simultaneously, the app maintains a detailed chain of custody by recording who accessed the file and when. This comprehensive process verifies the time, date, and location of the footage, affirms its authenticity, and ensures its integrity throughout the handling process. These safeguards are crucial to ensuring that footage can be admissible and credible as evidence in legal proceedings.
Carrie Bowker, Director of eyeWitness to Atrocities, commented: 'Behind every verified photo or video captured with the eyeWitness app is a documenter risking their safety to preserve the truth. The fact that more than 55,000 pieces of evidence have been securely captured in Ukraine reflects both the scale of the crimes and the bravery of those working to expose them. The use of the eyeWitness app in these cases underscores the growing recognition of the importance of verifiable digital evidence in legal proceedings.'
The eyeWitness organisation has played a pivotal role for almost a decade in supporting frontline documenters in capturing footage of international crimes and serious human rights violations across the world, as well as damage to property. In a 2023 Outcome Report the organisation highlighted key areas of its work including significant footage collection; the advancement of accountability through the submission of dossiers submitted to international, regional and/or national accountability mechanisms; increased and strengthened partnerships with global human rights organisations dedicated to active documentation for accountability; and expanded pro bono assistance in reviewing and analysing collected footage.
