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Part III The Trial, 8 Admissibility of Evidence

Christopher Gosnell

From: Principles of Evidence in International Criminal Justice

Edited By: Karim A. A. Khan, Caroline Buisman, Christopher Gosnell

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 13 June 2021

Admissibility of evidence
The point of departure for determining whether evidence is admissible during a trial at the ICC, ICTY, and ICTR rests on three cardinal criteria: relevance, probative value, and prejudice. The statutory instruments of each tribunal, particularly as originally adopted, generally avoided more categorical or specific rules. Trial chambers were thus given a wide discretion to determine whether evidence was admissible and, in the early years of their proceedings, this discretion usually translated into a flexible and permissive threshold of admissibility. Over time,...
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