Part I Antecedents and context of International Criminal Trials, 2 International Criminal Law and Common Law Rules of Evidence
Peter Murphy, Lina Baddour
Edited By: Karim A. A. Khan, Caroline Buisman, Christopher Gosnell
- Admissibility of evidence
The existence of the common law exclusionary rules of evidence is one of the defining differences between the common law adversarial mode of trial and the civil law inquisitorial mode of trial. But in little more than 15 years there has emerged a new paradigm, the international criminal trial, in which many procedural issues, including the role of rules of evidence—if any—remain to be resolved. One often hears it said that the international criminal trial is a hybrid creature, which combines certain features of the adversarial and inquisitorial procedural models....