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Pluralism in International Criminal Law$
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Elies van Sliedregt and Sergey Vasiliev

Print publication date: 2014

Print ISBN-13: 9780198703198

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780198703198.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 17 May 2022

Fragmentation and Harmonization in the Development of Evidentiary Practices in International Criminal Tribunals

Fragmentation and Harmonization in the Development of Evidentiary Practices in International Criminal Tribunals

Chapter:
(p.159) 6 Fragmentation and Harmonization in the Development of Evidentiary Practices in International Criminal Tribunals
Source:
Pluralism in International Criminal Law
Author(s):

John D. Jackson

Yassin M. Brunger

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198703198.003.0006

This chapter discusses pluralism in international criminal procedure, and more specifically the law of evidence, as it is practised within and across different international criminal tribunals. It draws on a pilot study of interviews with prosecutors, defence practitioners, lawyers, and judges in the Chambers, who have experience of working in several tribunals. It argues that whilst a plurality of evidentiary practices has emerged to meet the particular challenges posed by mass atrocity cases, the fact that the procedural actors are familiar and have experience with other tribunals may be a harmonizing factor. The chapter concludes by considering how over time the experience that professional actors have built up across different tribunals may be used to develop a set of (relatively uniform) evidentiary practices that is sensitive to the peculiarities of prosecuting and adjudicating mass criminality.

Keywords:   pluralism, international criminal procedure, law of evidence, mass atrocity, evidentiary practice

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