Journal Article

‘Admission’ v. ‘Submission’ of Evidence at the International Criminal Court

Fabricio Guariglia

in Journal of International Criminal Justice

Volume 16, issue 2, pages 315-339
Published in print May 2018 | ISSN: 1478-1387
Published online May 2018 | e-ISSN: 1478-1395 | DOI: https://dx.doi.org/10.1093/jicj/mqy018
‘Admission’ v. ‘Submission’ of Evidence at the International Criminal Court

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Abstract

A recent string of decisions by Trial Chambers of the International Criminal Court moves away from the classic common law rooted approach to admissibility of evidence, which so far had been dominant in international criminal jurisdictions. The new approach defers any determination on admissibility and its constituent elements to the final phase of the proceedings; the evidence is therefore not treated as ‘admitted’ but as ‘formally submitted’ at trial. This article explores how this new trend fits within the framework of the Court’s Basic Documents, discusses the historical developments underlying both the ‘admission’ and ‘submission’ models and offers a comparative analysis.

Journal Article.  12449 words. 

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

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