Principles of Evidence in the International Criminal law and the practice of the ICTY, ICTR and ICC

Abstract

The principles of evidence in International Criminal law are an interesting point in the history of international criminal law. The principles of evident have contributed significantly to the development and consolidation of an international law of evidence. Especially, together with the ad hoc tribunals such as the ICTY and ICTR, the rules of evidence have become an essential part for judges to conduct criminal proceedings. Equally important, the rules of evidence are inherited and evolved by the ICC. This remarkable improvement plays a crucial role in international criminal law. However, during the time the rules of evidence indicate some inadequate content and therefore need to be changed. Researching and finding optimal solution to fulfill those problems are necessary. This essay may be a good reference for readers who concern the rules of evidence in the international criminal justice. This essay includes two main parts. In the first part, it analyses the principles of evidence in the international criminal law, such as methodologies to interpret evidence before International Criminal Courts, the collection of evidence. From the analysis, the author finds out strengths and weaknesses of the principles of evidence as well as providing some recommendations in order to correct them. In the second part, the author tries to bring the practice of the ad hoc tribunal such as the ICTY, ICTR and the ICC as well. This is quite important to use real cases to evaluate statutory provisions for the purpose of considering whether such provisions are suitable.