International Criminal Evidence at the International Criminal Court: A Defense Perspective

Criminal Law

International Criminal Evidence at the International Criminal Court: A Defense Perspective

By Geert-Jan Alexander Knoops
Brill Nijhoff August 2024

Specifications

ISBN-13
9789004364219
Publisher
Brill Nijhoff
Publication
August 2024
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

This book aims to provide readers with an overview of the rules of evidence within the International Criminal Court (ICC) and offers guidance for both prosecution and defense counsel. It emphasizes the pivotal role of defense counsel in shaping case law, particularly concerning the admissibility of documentary and forensic evidence, in a system still evolving. Drawing from academic research and practical experience, the book provides practical inside-information for defense counsel on evidence.

Table of Contents

Preface
Abbreviations
Table of Cases
Introduction: Two Models of Criminal Law

Part 1: General
Chapter 1 The Essence and Functioning of Criminal Evidence
Chapter 2 The Admissibility and Weight of International Criminal Evidence at Trial

Part 2: Direct Evidence
Chapter 3 (Eye)witnesses at ICC Trials
Chapter 4 Using (Anonymous) Hearsay Evidence
Chapter 5 Evidentiary Aspects of Insider Witnesses at the ICC
Chapter 6 Rule 68 and Prior Recorded Witness Testimony
Chapter 7 Using Witness Preparation at the ICC
Chapter 8 (Crosss-)Examining Witnesses at the ICC
Chapter 9 The Defendant as Witness at His or Her Own Trial

Part 3: Indirect Evidence
Chapter 10 Circumstantial Evidence at the ICC
Chapter 11 Evidentiary Principles of Corroboration at the ICC
Chapter 12 The Admissibility of ‘Patterns of Conduct’ as Evidence in (International) Criminal Cases
Chapter 13 The Evidentiary Value and Admissibility of ‘Bad Character Evidence’ and ‘Propensity Evidence’

Part 4: The Admissibility of Expert Evidence
Chapter 14 The Admissibility and Evidentiary Value of Expert Evidence

Part 5: Documentary Evidence

Chapter 15 Challenging Documentary Evidence at the ICC
Chapter 16 The Evidentiary Value of NGO and IO Reports at the ICC
Chapter 17 The Evidentiary Value of Social Media at the ICC

Part 6: The Extent of Disclosing Exculpatory Criminal Evidence
Chapter 18 The Extent of Disclosing Exculpatory Criminal Evidence

Part 7: Weighing Evidence at ICC Trials
Chapter 19 Evidence Presentation in ICC Trials
Chapter 20 No Case to Answer Proceedings at the ICC
Chapter 21 The Legal Position of the Acquitted Person at the ICC
Overall Concluding Remarks and Recommendations

Bibliography
Index
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