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Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.
"The ambitious aim of the work is to create a guiding framework for international criminal procedural law and practices in the future. As explained by the working groups, the overarching objective of the project is to assist the challenge of delivering fair but also effective trials". -- FOREWORD.
Reprint of the original, first published in 1876.
Wigmore's great work continues to influence the law of evidence as we move into the 21st century. From doctrinal considerations such as the nature of inference and the exclusionary rules to case analysis involving such lap-to-the-minute controversies as DNA fingerprinting and patient-psychotherapist privilege, this annually supplemented masterwork continues to provide authoritative guidance again and again. With the most comprehensive coverage you'll find anywhere, Wigmore's plan encompasses all this and more: Admissibility -- Relevancy -- Circumstantial evidence -- Character or disposition as evidence -- Opportunity -- Alibi -- Proving capacity, design, or intent -- Proving knowledge, belief, or consciousness -- Proving motive, feeling, or passion -- Proving identity -- Mental derangement or immaturity -- Moral depravity -- Testimonial recollection -- Confessions -- Impeachment -- Proving bias, corruption, or interest -- Contradiction and self-contradiction -- Rehabilitation -- The hearsay rule and its exceptions -- Opinions -- Authentication of documents -- Privilege -- Confidential communications -- Burdens and presumptions.