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
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
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .
