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Conclusion

Published online by Cambridge University Press:  05 October 2010

Nancy A. Combs
Affiliation:
College of William and Mary, Virginia
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Summary

Although this book has presented a troubling picture of international criminal fact-finding, it is largely a retrospective picture. I have closely examined the work of three international tribunals – the ICTR, the SCSL, and the Special Panels. One of those tribunals – the Special Panels – closed its doors in 2005 and was never taken very seriously even during its short lifetime. The other two tribunals are still in existence, having been afforded longer life spans and more plausible resources, but their prosecutions also are coming to an end. Certainly, it is useful to know about the fact-finding challenges that a subset of international tribunals have had to confront, but the findings and recommendations appearing in this book will be of lasting consequence only if those challenges will also afflict the ICC and the new generation of ad hoc tribunals. Sadly, early indications suggest that the ICC and Extraordinary Chambers in the Courts of Cambodia (ECCC) are already contending with just the sort of fact-finding impediments that have plagued their predecessors. Indeed, the very first witnesses in the ICC's and ECCC's very first trials have had difficulty understanding compound questions and basic terminology and have had difficulty answering questions seeking dates, duration, distance, numerical estimations, and other details about the crimes and their subsequent investigations. These very early transcripts have also featured serious inconsistencies between testimony and pretrial statements and even perjury.

Type
Chapter
Information
Fact-Finding without Facts
The Uncertain Evidentiary Foundations of International Criminal Convictions
, pp. 365 - 374
Publisher: Cambridge University Press
Print publication year: 2010

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References

,Human Rights Watch, Sudan: National Courts Have Done Nothing on Darfur, June 11, 2004, available athttp://hrw.org/english/docs/2007/06/11/sudan16110.htm
,Human Rights Watch, Darfur: No Redress for Rape, Apr. 7, 2008, available athttp://hrw.org/english/docs/2008/04/03/darfur18424.htm
,Penal Reform International, PRI Research Team on Gacaca: Report IV (Jan. 2003), at 3
Johnson, Michael T.., American Lawyers In Rwanda Offer Tools to Tame Chaos, 16 Crim. Just.34, 34 (2001)Google Scholar
McVeigh, Karen, Spate of Killings Obstructs Rwanda's Quest for Justice, The Observer (London), Dec. 3, 2006
Baguma, Steven, Genocide Survivor Boycotts Gacaca, Cites Harassment, The New Times (Kigali), Nov. 16, 2006
Baguma, Steven, Gacaca Witnesses Attacked, The New Times (Kigali), Dec. 18, 2006

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  • Conclusion
  • Nancy A. Combs, College of William and Mary, Virginia
  • Book: Fact-Finding without Facts
  • Online publication: 05 October 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511760259.012
Available formats
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  • Conclusion
  • Nancy A. Combs, College of William and Mary, Virginia
  • Book: Fact-Finding without Facts
  • Online publication: 05 October 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511760259.012
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.

  • Conclusion
  • Nancy A. Combs, College of William and Mary, Virginia
  • Book: Fact-Finding without Facts
  • Online publication: 05 October 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511760259.012
Available formats
×