Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-wg55d Total loading time: 0 Render date: 2024-05-16T05:25:21.106Z Has data issue: false hasContentIssue false

12 - Evidence

Published online by Cambridge University Press:  05 June 2012

William A. Schabas
Affiliation:
National University of Ireland, Galway
Get access

Summary

The Statute of the Nuremberg Tribunal said that the court was not bound ‘by technical rules of evidence. It shall adopt and apply to the greatest possible extent expeditious and non-technical procedure, and shall admit any evidence which it deems to have probative value.’ As the specialists on the subject of international criminal evidence, the late Richard May and Marieke Wierda, have observed,

[a]lthough the trials were adversarial and the parties alone were responsible for calling the evidence, the judges were sitting without a jury, and the common law rules designed to prevent jurors from hearing prejudicial evidence were discarded in favour of a liberal approach akin to that of civil law systems. The result was an expeditious trial of the accused - as required by the Charter - which was completed in ten months and in which issues such as the admissibility of evidence did not take up much time.

The Secretary-General's report accompanying the draft statute of the ICTY said that the judges should adopt rules of procedure and evidence to govern ‘the admission of evidence, the protection of victims and witnesses and other appropriate matters’. Section 3 of Part IV the ICTY RPE, entitled ‘Rules of Evidence’, consists of thirteen distinct provisions. Other Rules concerning evidence appear throughout the RPE. The law of evidence before the tribunals is also comprised of various principles established in the case law.

Type
Chapter
Information
The UN International Criminal Tribunals
The Former Yugoslavia, Rwanda and Sierra Leone
, pp. 452 - 500
Publisher: Cambridge University Press
Print publication year: 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Evidence
  • William A. Schabas, National University of Ireland, Galway
  • Book: The UN International Criminal Tribunals
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511617478.013
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Evidence
  • William A. Schabas, National University of Ireland, Galway
  • Book: The UN International Criminal Tribunals
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511617478.013
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Evidence
  • William A. Schabas, National University of Ireland, Galway
  • Book: The UN International Criminal Tribunals
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511617478.013
Available formats
×