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Ch.V Evidence and Disclosure

From: Treatise on International Criminal Law: Volume III: International Criminal Procedure

Kai Ambos

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 23 September 2021

Pre-Trial Chamber — Witnesses — International criminal law, conduct of proceedings — Production of documents

This chapter examines the principles governing the taking and admission of evidence and the obligations of disclosure in international criminal procedure. The main areas of evidence before international criminal tribunals, i.e. witness and documentary evidence, are analysed. Some specific rules and issues are explored before concluding the first part with the important problem of the inadmissibility (exclusion) of evidence due to rights violations. The second part of the chapter analyses the disclosure regime, distinguishing between prosecution and defence disclosure and discussing disclosure restrictions. The focus is on the ICC although its case law on the matter is still incipient and therefore the international law of evidence is largely informed by the case law of the ad hoc tribunals.

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