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The Law and Practice of the International Criminal Court edited by Stahn, Carsten (1st May 2015)

Part V Fairness and Expeditiousness of ICC Proceedings, 34 The International Criminal Standard of Proof at the ICC—Beyond Reasonable Doubt or Beyond Reason?

Simon De Smet

From: The Law and Practice of the International Criminal Court

Edited By: Carsten Stahn

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 10 April 2020

Subject(s):
Standard of proof — International criminal law, evidence — International criminal law, conduct of proceedings — Claims

Standards of proof are a common and essential feature of modern systems of adjudication. The definition of the criminal standard of proof before the ICC has, however, not been a straightforward matter. The Katanga judgment shows deep divisions among the judges on the interpretation of the international criminal standard of proof. This chapter discusses the theoretical choices involved in setting the standard of proof. It argues that any meaningful discussion of standards of proof must involve two different elements: the determination of a model of judicial fact-finding to determine how the standard of proof can be defined, and a complex balancing exercise of all the relevant interests in order to set the applicable standard.

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