Part I Antecedents and context of International Criminal Trials, 1 Principles of Civil Law
Caroline Buisman, Myriam Bouazdi, Matteo Costi
Edited By: Karim A. A. Khan, Caroline Buisman, Christopher Gosnell
- Right to fair trial — Admissibility of evidence — Burden of proof (and jurisdiction) — Burden of proof
Evidentiary principles of civil law and common law continue to influence international criminal practice and are often referred to in international criminal jurisprudence. These principles are not always accurately presented. Generalizations are often made that understate the particularity of different civil law jurisdictions. Principles developed at the international level tend to be based on a caricature, an idea of civil law practice that is oversimplified or outmoded. The present chapter seeks to present both the inherent attributes of civil law evidentiary...