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Proving International Crimes

Online ISBN:
9780191878862
Print ISBN:
9780198842972
Publisher:
Oxford University Press
Book

Proving International Crimes

Yvonne McDermott
Yvonne McDermott
Professor of Law, Swansea University
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Published online:
19 September 2024
Published in print:
17 September 2024
Online ISBN:
9780191878862
Print ISBN:
9780198842972
Publisher:
Oxford University Press

Abstract

Proving International Crimes elucidates how international criminal tribunals have tackled the immense and complex task of proving international crimes such as genocide, war crimes, and crimes against humanity. The challenges posed by the scale and scope of these crimes and the distance in time and space between their commission and their prosecution are well known. Nevertheless, investigators, lawyers, scholars, and policy makers often look to the law and practice of international criminal tribunals to establish what standards need to be met in the collection, preservation, presentation, and analysis of evidence to prove international crimes. In providing a comprehensive account of the law and practice of evidence before international criminal courts and tribunals to date, as well as recommendations for future practice, this book aims to inform domestic, regional, and international accountability processes for atrocity crimes going forward. This book demonstrates that, as a consequence of the flexibility built in to the legal and procedural frameworks of international criminal courts and tribunals, the law of international criminal evidence is currently unpredictable and uncertain. To this end, it argues for the development of a coherent epistemic framework driven by two guiding principles: rectitude of decision and the highest standards of fairness.

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