Journal Article

The Alternative Hypothesis Approach, Robustness and International Criminal Justice

Mark Klamberg

in Journal of International Criminal Justice

Volume 13, issue 3, pages 535-553
Published in print July 2015 | ISSN: 1478-1387
Published online June 2015 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqv018
The Alternative Hypothesis Approach, Robustness and International Criminal Justice

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This article deals with issues pertaining to the process of evaluation of evidence in international criminal justice. Initially, the author analyses some theoretical approaches to the evaluation of evidence. He further examines these theoretical constructs, mainly with emphasis on the ‘alternative hypothesis approach’ in the light of the case law of international criminal courts and tribunals. He then develops the topic from the angle of the various procedural phases of the proceedings focusing on the determination of guilt, eventually arguing for a broader combined and multifaceted approach to the method of assessment of evidence in international criminal justice depending on the stage of the proceedings and the function of the decision to be taken.

Journal Article.  9083 words. 

Subjects: Criminal Law ; International Law ; International Criminal Law ; International Humanitarian Law ; Transnational Crime

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