Part IV Proof of Facts Other than Through Evidence at Trial, 16 Additional Evidence on Appeal, Review Proceedings, and the Remedy of Reconsideration
Linda Bianchi, Inneke Onsea
Edited By: Karim A. A. Khan, Caroline Buisman, Christopher Gosnell
- Evidence — Admissibility of evidence
Generally, the principle of finality operates such that the potential issues to be raised on appeal, and thereafter, are quite limited in scope. However, in the interests of justice, which is primarily understood as aspiring to avoid a miscarriage of justice, several mechanisms have been implemented in the procedures of the International Criminal Tribunal for Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)1 allowing for the admission of new evidence on appeal, for taking into account a new fact after a final judgment or for the...