News Archive

'Proving International Crimes'

Dr. Yvonne McDermott Rees, Swansea University

Lunchtime Seminar

Date: Monday 26 February 2018
Time: 12 to 1 pm, Seminar Room
Location: Seminar Room, ICHR, NUI, Galway

International criminal tribunals face an enormous task when they seek to analyse the thousands of pages of evidence that are presented in the course of their trials, and to draw conclusions on the guilt or innocence of accused persons based on that evidence. Yet, whilst rules of admissibility have been subjected to a great deal of academic commentary, many key debates relating to proof in international criminal trials have remained under-theorised to date. This paper discusses the evaluation of evidence in international criminal trials. It argues that, despite over two decades of practice in contemporary international criminal tribunals, no consistent approach as to how judges should weigh evidence and use it for fact-finding has emerged. The quality of evidence required to meet the standard of proof at different stages of proceedings remains uncertain. Furthermore, it shall be argued that the structure of international criminal judgments can detract from the clarity of their findings, and this in turn has an impact on their legal and sociological legitimacy. 

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