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Assessment of Evidence: International Criminal Courts and Tribunals »

Mark Klamberg
1 Parts of this entry have been reproduced from a book, a paper, and a book chapter by the author (Klamberg, 2013; Klamberg, 2015; Klamberg, 2020). 2 Assessment of evidence is necessary for any international criminal tribunal or court at various stages of the proceedings, including when issuing arrest warrants, confirming charges, determining the admissibility of evidence, and when determining whether the defendant is guilty during the final deliberations (Evidence: International Criminal Courts and Tribunals). Although the statutory frameworks of these courts may...

s.V Modalities, Ch.19 Epistemological Controversies and Evaluation of Evidence in International Criminal Trials »

Mark Klamberg
From: The Oxford Handbook of International Criminal Law
Edited By: Kevin Heller, Frédéric Mégret, Sarah Nouwen, Jens Ohlin, Darryl Robinson
This chapter deals with the epistemological challenges posed by the evaluation of evidence in international trials. Unlike common-law juries, who are insulated from evidence deemed by a judge to be potentially irrelevant or prejudicial, international judges receive free access to all evidence in order to fulfill their role as fact-finders. This chapter suggests how judges should undertake that fact-finding obligation. It gives reference to an ‘alternative hypothesis’ standard of decision for evaluating the massive amounts of evidence presented at trial. Given the high-profile collapse of several recent cases at the International Criminal Court due to lack of evidence presented at trial, this chapter can help bring back standards of decision and other evidentiary issues to the center of the discussion.

Initial Appearance Hearings »

Mark Klamberg
1 The purpose of an initial appearance hearing is at least twofold: to inform the suspect of the charges against them, and of their rights during the proceedings (International Criminal Courts and Tribunals, Procedure). It is part of the pretrial proceedings and normally occurs while investigations are still ongoing (Investigations: International Criminal Courts and Tribunals). However, it differs from the early parts of an investigation in the sense that the initial appearance hearing sets the stage for trial (Trial: International Criminal Courts and Tribunals)....

7 Law of Evidence »

Fergal Gaynor, Dov Jacobs, Mark Klamberg, Vladimir Tochilovsky
From: International Criminal Procedure: Principles and Rules
Edited By: Göran Sluiter, Håkan Friman, Suzannah Linton, Sergey Vasiliev, Salvatore Zappalà
In domestic legal discourse, the law of evidence is sometimes distinguished from criminal procedure in general. The former includes evidentiary matters such as admissibility and examination while the latter covers issues such as the collection of evidence and disclosure.1 The scope of this chapter includes both categories of issues. This chapter provides an overview of general concepts governing the admission and exclusion of evidence, including relevance, probative value, reliability, illegality under domestic law, admission of evidence obtained in a manner...