1. Director, Institute of Air and Space Law, McGill University
5th Manfred Lachs International Conference Global Space Governance and the UN 2030 Agenda Montreal 5-6 May Promoting Peace from Above? Utilising Space for the Prevention and Prosecution of Human Rights Violations
Steven Freeland Professor of International Law, Western Sydney University
& Ram Jakhu
Director, Institute of Air and Space Law, McGill University

2. International Criminal Law
Accountability for ‘international crimes’ that ‘deeply shock the conscience of humanity’
(Largely) directed towards accountability for individuals
Enforced through established mechanisms of international criminal justice
Professor Steven Freeland
Professor Ram Jakhu

3. Contemporary Mechanisms of International Criminal Justice
International Military Tribunals
Nuremberg / Tokyo
‘Success’ (Nuremberg Principles)
… followed by long period of impunity … until
Ad Hoc Tribunals established by United Nations Security Council
ICTY / ICTR => (MICT)
Lebanon
‘Hybrid’ / ‘Internationalized’ Courts established by Agreement between the UN and the relevant country
Sierra Leone / Cambodia / East Timor
Permanent Court established by Treaty
International Criminal Court
Professor Steven Freeland
Professor Ram Jakhu

4. Relationship between International Criminal Justice and the SDGs
For 2030 Agenda: areas of critical importance for humanity: people, planet, prosperity, peace and partnership (A/AC.105/1115 of 28 April 2016)
SDG 16: ‘Promote peaceful and inclusive societies … provide access to justice for all and build effective, accountable and inclusive institutions …’
Also relevant: SDGs 1 (end poverty), 3 (healthy lives/well-being), 5 (gender equality), 10 (reduce inequality), 11 (safe cities) etc
Earth observation satellites can help in gathering evidence of international crimes, especially areas where access may otherwise be difficult (or impossible).
Professor Steven Freeland
Professor Ram Jakhu

5. Professor Steven Freeland
Use of Satellite Imagery as Evidence before the Mechanisms of International Criminal Justice
Increasingly common – first used in Srebrenica trials
Useful to indicate widespread and systematic character of acts
Important as evidence but not to prove a specific fact / crime
Challenges remain
Probative value?
Interpretation / in house capacity and expertise
Cost – typically available from commercial operators (though some NGOs / not for profits etc)
Availability – particularly at a critical time point – time lag
Forensic standards / methodologies for use / detection / integration with other evidence
Educating the Judges about process etc
Risk of contamination
Professor Steven Freeland
Professor Ram Jakhu

6. Professor Steven Freeland
Professor Ram Jakhu

7. Professor Steven Freeland
Professor Ram Jakhu

8. Professor Steven Freeland
Professor Ram Jakhu

9. Professor Steven Freeland
Professor Ram Jakhu

10. Satellite data for monitoring war crimes and genocide http://hhi
Satellite Sentinel Project combines satellite imagery, on-the-ground field reporting, and crisis mapping systems into a unified monitoring platform to detect, deter, and document threats to vulnerable populations
‘Advancing humanitarian data and evaluation science and ensuring that new technologies make their way to the front lines of serving communities at risk by supporting evidence-based strategies to effective humanitarian response’