Satellite data and imagery as court evidence in human rights proceedings.

Some criteria may be used by the International Court of Justice to decide whether satellite imagery shall be admitted as evidence or not. Article 38 of the Statute of the International Court of Justice (ICJ) states that the Court has the authority to discern which international law is applicable, when seized, and, therefore, which international conventions, international customary law (which is susceptible to be accepted as court evidence) and which general principles of law would be applied to the case. The High Court also refers to Article 58 of the Statute of the International Court of Justice and to the principle of “ex aequo et bono”, that is to say, “according to the right and good”, “from equity and conscience”, “what is just and fair” or “according to equity and good
conscience”. Such principles could be born in mind by law practitioners when drafting
agreements and contracts related to satellite data and imagery rights, otherwise, certain rules related to consumer rights could be infringed.