Tuesday 9 August 2016
‘Evidence Matters in ICC Trials’ is the latest report of the IBA’s ICC and ICL Programme and is part of the thematic series IBA ICL Perspectives. This series presents the ICC and ICL programme’s views on developments in international criminal law that have a particular impact on fair trial standards.
In this report, the IBA addresses the existence and relevance of new types of evidence in trials before the International Criminal Court, and looks at current issues in the development of the Court’s procedural law for hearing and ruling on evidence.
The report considers how evidence matters are affected by other dynamics at the Court, including the overall project of making the ICC’s proceedings more efficient, and the roles played by Judges and States Parties. This report provides an in depth review and analysis of issues relating to: digital and technologically derived evidence; the use of prior recorded testimony as evidence; and assessments of evidence within trial proceedings through ICC Regulation 55 and through ‘no case to answer’ proceedings. Taking a comparative perspective, the report brings in examples from the legal frameworks and jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda and the Special Tribunal for Lebanon. Each chapter also explores some future considerations for evidence matters through the lens of fair trial and equality of arms.
Click here to download Evidence Matters in ICC Trials (An IBA ICL Perspectives report), August 2016