Fragmentation and Harmonization in the Development of Evidentiary Practices in International Criminal Tribunals

Jackson, John; Brunger, Yassin

Abstract

This chapter discusses pluralism in international criminal procedure, and more specifically the law of evidence, as it is practised within and across different international criminal tribunals. It draws on a pilot study of interviews with prosecutors, defence practitioners, lawyers, and judges in the Chambers, who have experience of working in several tribunals. It argues that whilst a plurality of evidentiary practices has emerged to meet the particular challenges posed by mass atrocity cases, the fact that the procedural actors are familiar and have experience with other tribunals may be a harmonizing factor. The chapter concludes by considering how over time the experience that professional actors have built up across different tribunals may be used to develop a set of (relatively uniform) evidentiary practices that is sensitive to the peculiarities of prosecuting and adjudicating mass criminality.

Citation

Jackson, J., & Brunger, Y. (2014). Fragmentation and Harmonization in the Development of Evidentiary Practices in International Criminal Tribunals. In E. V. Sliedregt, & S. Vasiliev (Eds.), Pluralism in International Criminal Law (159-186). Oxford University Press. https://doi.org/10.1093/acprof%3Aoso/9780198703198.003.0006

• Publication Date: Oct 2, 2014
• Deposit Date: Jan 11, 2016
• Publisher: Oxford University Press
• Pages: 159-186
• Book Title: Pluralism in International Criminal Law
• Chapter Number: 6
• ISBN: 9780198703198
• DOI: https://doi.org/10.1093/acprof%3Aoso/9780198703198.003.0006
• Keywords: pluralism; international criminal procedure; law of evidence; mass atrocity; evidentiary practice
• Public URL: https://nottingham-repository.worktribe.com/output/1107118
• Publisher URL: http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780198703198.001.0001/acprof-9780198703198-chapter-6
• Related Public URLs: https://global.oup.com/academic/product/pluralism-in-international-criminal-law-9780198703198?cc=gb&lang=en&