Now the International Crimes Tribunal (ICT) of Bangladesh is embracing cutting-edge digital forensic technologies in prosecuting perpetrators of war crimes and crimes against humanity committed during the July-August 2024 uprising. Among those facing charges is deposed Prime Minister Sheikh Hasina, along with her senior party leaders and public officials. The tribunal has appointed cybersecurity expert and digital forensic investigator Tanvir Hassan Zoha as Assistant Attorney-General to lead the effort in gathering and analysing digital evidence.
With extensive experience in training law enforcement on cybersecurity and forensic investigation, Mr. Zoha brings specialised expertise to the ICT's prosecution strategy. In this interview with Tech Express, he discusses how technology is being deployed to ensure accountability and justice.
Tech Express: How is the ICT utilizing technology to investigate the July-August 2024 incidents, and what specific tools are being used?
Tanvir Hassan Zoha: The ICT employs a combination of digital forensics, open-source intelligence (OSINT), and data analytics to investigate the crimes. We are using image-analysis software, digital footprint-tracking tools, and social-media -monitoring platforms to collect and verify evidence. Metadata analysis plays a crucial role in ensuring the credibility of digital materials.
Tech Express: How does the tribunal ensure the authenticity and integrity of digital evidence, such as videos, social- media posts, and satellite imagery?
Zoha: We follow strict chain-of-custody protocols to maintain evidence integrity. Hashing algorithms like SHA-256 and MD5 verify file authenticity, while metadata analysis, reverse image searches, and blockchain-based timestamping confirm originality. Digital evidence is admissible only after forensic verification by certified experts.
Challenges in integrating
technology
Tech Express: What are the key challenges in integrating technology into war-crime investigations, particularly regarding cybersecurity, data privacy, and admissibility of digital evidence?
Zoha: The biggest challenges include maintaining the chain of custody, preventing data manipulation, and complying with privacy laws. Cybersecurity threats, including data breaches and evidence tampering, are addressed through encrypted data storage and controlled access. Admissibility is ensured by adhering to international standards, such as the Budapest Convention on Cybercrime and best practices in digital forensics.
Tech Express: With the rise of deepfakes and misinformation, how does the ICT prevent manipulated evidence from being used in trials?
Zoha: We employ deepfake-detection algorithms, AI-driven forensic tools, and expert validation techniques. Technologies like frame-by-frame analysis, facial-recognition comparisons, and audio-frequency testing help differentiate authentic materials from manipulated ones. No evidence is accepted without forensic certification.
Learning from global war crimes tribunals
Tech Express: Are there international tribunals or national courts that the ICT is learning from in using technology for war crimes prosecutions?
Zoha: Yes, we follow best practices from the International Criminal Court (ICC), the International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Tribunal for the former Yugoslavia (ICTY). The ICT also draws lessons from the Nuremberg Trials and contemporary war-crime tribunals.
Tech Express: What specific global best practices has the ICT adopted?
Zoha: The tribunal has incorporated digital forensics and open-source intelligence (OSINT), following the methods used by the International Criminal Court (ICC), to collect and analyse evidence. To ensure the safety of individuals involved in the trials, it has also adopted victim-and witness- protection measures similar to those implemented by the International Criminal Tribunal for Rwanda (ICTR). Additionally, the ICT follows strict chain-of-custody procedures and evidence- admissibility frameworks inspired by the International Criminal Tribunal for the former Yugoslavia (ICTY), ensuring that all digital evidence meets rigorous legal standards. To enhance accessibility and compliance, the tribunal maintains multilingual documentation and a comprehensive digital-archiving system, allowing for efficient case management and record-keeping.
Future of digital forensics in war-crime trials
Tech Express: Has the ICT collaborated with international organisations or tech firms specializing in digital forensics?
Zoha: "While specific collaborations remain classified, we adhere to forensic methodologies recognized by Interpol, Europol, and the UN Office on Drugs and Crime (UNODC). We also consult private forensic firms, cybersecurity experts, and academic institutions to strengthen our investigative capabilities."
Tech Express: Are there plans to adopt AI-driven forensic analysis, blockchain verification, or other emerging technologies used in war-crime trials worldwide?
Zoha: "Yes, we are exploring AI-driven forensic analysis and blockchain verification to enhance evidence integrity. We are evaluating the use of automated facial recognition, natural language processing (NLP) for hate-speech detection, and machine-learning models for pattern analysis." These technologies will improve accuracy and efficiency in war crimes investigations.
Ensuring fair trials and transparency
Tech Express: How does the use of technology impact the rights of the accused, and what measures ensure fairness in digital evidence-based trials?
Zoha: The ICT ensures fair trials by subjecting all digital evidence tocross-examination and expert
validation. Defence teams receive access to forensic reports, andindependent experts can challenge the authenticity of digital materials.
"We strictly follow the principle of 'beyond reasonable doubt', ensuring that no one is convicted based on unverified or disputed evidence.
Tech Express: How is the ICT leveraging technology to maintain transparency, particularly for those directly affected by the July-August events?
Zoha: "We maintain transparency through secure digital case repositories, public trial updates, and livestreaming of select proceedings with security controls. Regular reports and press briefings ensure factual updates, while a dedicated digital platform is under consideration to allow affected communities to track case progress confidentially".
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