The international criminal law of evidence

Abstract

The criminal law of evidence forms part of criminal procedure, which is essential during any criminal trial as it safeguards the most basic human rights of the parties involved. Evidence can be described as information which can prove facts which are being alleged. Thus, evidence is fundamental to the parties in a trial when proving their case. Nevertheless, different legal systems deal with evidence differently and this thesis’ purpose is to see whether an international criminal law of evidence exists. A comparative study of how evidence is used in different legal traditions is to be carried out in order to be used as a general frame of reference to detect the existence, or otherwise, of any international criminal law of evidence. Despite the differences and also similarities that exist between the methodology of dealing with evidence, these legal traditions were amalgamated together in order to form new statutes and rules of procedure in relation to the ad hoc tribunals and the International Criminal Court. An analytical study of various provisions of the statutes and rules of procedure and evidence of the aforementioned adjudicating bodies will provide insight on how the main two legal traditions interact with each other to form a unique system of law. In light of all this, this thesis seeks to conclude with a discussion aiming to answer the question whether there exists, if at all, an international criminal law of evidence.