This form of evidence is the most basic form of evidence and the only kind that does not require a prerequisite for its admissibility. Evidence before the international court of justice, the. Fact finding and evidence before the international court of. The effects and the effectiveness of the international.
This publication has recently found support from and apparently influenced the international court of justice itself. Request pdf on jan 1, 2009, anna riddell and others published evidence before the international court of justice find, read and cite all the research you need on researchgate. Admissibility of remote sensing evidence before international. Biicls major study on the issue of evidence before the international court of justice, due to be published in july 2008, has examined the courts relationship with facts in detail, from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the peace palace. After examining the courts substantial factfinding powers as set out in its statute and rules, it is noted that the court has not made significant use of the factfinding powers that it possesses. Rules of procedure and evidence international criminal court. This module is intended for those who wish to examine the option of. The development of the rules of evidence before the international court of justice.
The court may, even before the hearing begins, call upon the agents. Remedies before the international court of justice. The ruling by the international court of justice icj in the case brought by bosniaherzegovina against serbia, delivered on 26 february 2007, is a compromise judgment, giving something to the bosnian victims but largely denying the bosnian genocide and exonerating the serbian state of its role. International court of justice research guide international law. Feb 25, 2009 this major study on the issue of evidence before the international court of justice has examined all aspects of the court s relationship with facts in both contentious and advisory proceedings from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the peace palace. Sources of law of evidence in the international court of justice law of evidence is normally regarded as a procedural law. This major study on the issue of evidence before the international court of justice has examined all aspects of the court s relationship with facts in both contentious and advisory proceedings from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the peace palace. It is a pleasure to be here today to address you on justice, peace, reconciliation and, especially, on the role of the international criminal court where conflictresolution initiatives are ongoing. This is why commentators and international organizations have been advocating for the need to establish international rules regarding the methods to present satellite imagery before international tribunals as evidence. Rules of evidence and procedure before international courts and tribunals seek to enable them to establish a factual foundation upon which to base legal determinations, even where the parties before the tribunal cannot come to an agreement on the facts relating. Evidence before the international court of justice article in the law and practice of international courts and tribunals 101. Evidence before the international court of justice anna riddell and brendan plant british institute of international and comparative law. As commentators press the international criminal court and other internationalized criminal courts to adopt a more sensitive approach to culturespecific evidence when determining individual criminal responsibility, this article argues that important lessons may be obtained from asian jurisdictions where courts have discussed and assessed such evidence. It offers an important forum for the settlement of international economic disputes among states.
Matters before the international court of justice are decided in accordance. In the permanent court of international justice 236. The rules of procedure and evidence are an instrument for the application of the rome statute. International custom, as evidence of a general practice accepted as. It concluded that the special permits issued by japan for the killing, taking and treating of whales in connection with jarpa ii were not granted for purposes of scientific research pursuant to article viii, paragraph 1, of the 1946 convention. After examining the courts substantial factfinding powers as set out in its statute and rules, it is noted that the court has not made significant use of the factfinding powers that it possesses, instead preferring to take a reactive approach to factfinding. This paper was an examination of criminal cases before the united states courts of appeal in which legal issues were related to digital evidence. The international court of justice icj is the principal judicial organ of the united nations. The office of international judicial assistance oija serves as the central authority for the united states under the hague convention on the taking of evidence abroad in civil or commercial matters, t. By examining the evidence and presentation techniques used in recent cases before international criminal courts, this article illustrates how war crimes prosecutions are evolving to meet the challenges and. The nature of the system, the issues discussed in this paper and recent developments are discussed briefly. Though the use of computer forensics in criminal investigations has expanded in recent years, there is little empirical evidence about the prevalence of the use of digital evidence in the court system and its impact on prosecution outcomes.
Before taking up his duties, the registrar shall make the following declaration at a meeting of the court. Evidence before the international court of justice riddell, anna, plant, brendan on. Biicls major study on the issue of evidence before the international court of justice, due to be published in july 2008, has examined the courts relationship with facts in detail, from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in. Its opinions and rulings serve as sources of international law. Background most contemporary narratives of the evolution of international criminal law icl leading up to the creation of the international criminal court icc start with the nuremburg trials. Maybe most interesting is the fact that in a case were there is a dispute as to the jurisdiction of the icj, it is the court itself, which decides. This article examines a vexing evidentiau question with which the international court of justice has struggled in several cases, namely. As commentators press the icc and other internationalized criminal courts to adopt a more sensitive approach to culturespecific evidence when determining individual criminal responsibility, this article argues that important lessons may be obtained from asian jurisdictions where courts have discussed and assessed such evidence. Principles of evidence in international criminal justice. The inclusion of victim participation provisions that allow victims to appear before the court not just as witnesses but also as inter ested parties has resulted in an increased number of vulnerable persons coming before the international judicial body. The international court of justices treatment of circumstantial evidence and adverse inferences. May 31, 2010 the court considered that the evidence before it did not establish that such was the case. Factfinding before the international court of justice by james gerard devaney september 2016. No member of the court can be dismissed unless, in the unanimous opinion of the other members, he has ceased to fulfil the required con.
It concludes with some recommendations on how to attract greater attention to the icj and international law generally. The use and abuse of the international court of justice. That being said, the witness or source providing the testimony must be deemed. International law forum du droit international eissn. Other rules concerning witness and expert testimony 54 h. Rules of evidence before the international court of. Download pdf evidence before the international court of. Eduardo valenciaospina, evidence before the international court of justice, 1 intl l. The role of evidence in the criminal justice system i. Nicaragua before the international court of justice. Evidence before the international court of justice anna. Introduction evidence is the key element in determining the guilt or innocence of those accused of the crimes against society in a criminal court of law. Some recent contentious issues about the use of evidence in cases before the international court of justice have highlighted the importance of factfinding and the use of evidence before this court. This major study on the issue of evidence before the international court of justice has examined all aspects of the courts relationship with facts in both contentious and advisory proceedings from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the peace palace.
The effects and the effectiveness of the international criminal court. Evidence before the international court of justice, the law. The court considered that the evidence before it did not establish that such was the case. Evidence before the international court of justice request pdf. The book is both descriptive and critical and its emphasis is on daytoday practice, drawing on the experience of the yugoslavia, rwanda and sierra leone tribunals. Read fact finding and evidence before the international court of justice notably in scientificrelated disputes, journal of international dispute settlement on deepdyve, the largest online rental service for scholarly research with thousands of academic publications available at your fingertips. Fact finding and evidence before the international court of justice. Victimwitnesses in the international criminal court. Evidence before the international court of justice book. Culturespecific evidence before internationalized criminal.
Latest developments international court of justice. Subordinate to the statute, they provide for the composition and administration of the court, setting out rules governing jurisdiction and admissibility, stages of proceedings and trial procedure, investigation and prosecution, penalties, appeal and revision, offences and misconduct against the court. Fact finding and evidence before the international court of justice notably in scientificrelated disputes. The international court of justice icj has generally had a liberal stance towards the admissibility of evidence and indeed in most of the instances the court accepts the evidence submitted by the parties, however when it comes to evidence which is circumstantial, classified, or illicitly obtained the court has deviated from this general rule. This book analyses nicaraguas role in the development of international law, through its participation in cases that have come before the international court of justice. Testimonial evidence consists of witness testimonies, expert opinions and everything that is said in the court. Practice of international courts and tribunals eissn.
So far as the examination of evidence is concerned, the icj, which. Journal of international dispute settlement, volume 7, issue 2, july 2016, pages 421444. I solemnly declare that i will perform the duties incumbent upon me as registrar of the international court of justice in all loyalty, discretion and good conscience, and that i will faithfully observe all the provisions of the statute and of the rules of the court. But in order to understand magnitude and necessity of evidence as a it relates to the. Any treaties or agreements written before 1946, which call upon the permanent court of international justice or the league of nations to settle a dispute, are also automatically referred to the icj. This article looks at the icjs creation and how it works. Professor hugh thirlway, former first legal secretary of the international court of justice. Evidence directly serves the purposes of international adjudication, which is the settlement of a dispute.
Nicaragua has appeared before the icj in fourteen cases, either as an applicant, respondent or intervening state, thus setting an important example of committment to the. This article gives a broad overview of the procedure regarding evidence in the court. This major study on the issue of evidence before the international court of justice has examined all aspects of the courts relationship with facts in both contentious and advisory proceedings. However, the rules on evidence play a more fundamental role before an international court, since an international court, by way of its activity, might be seen to be contributing actively to the elaboration process of the applicable rules having a customary nature. Rules of evidence before the international court of justice. The international court of justice s treatment of circumstantial evidence and adverse inferences. Evidence before the international court of justice.
This major study by the british institute of international and comparative law has examined all aspects of the court s handling and treatment of evidence. Rules of procedure and evidence of the international criminal court do not affect the procedural rules for any national court or legal system for the purpose of national proceedings. The judgments and opinions of the international court of justice are accorded great weight. Its purpose is to provide the general public with a simple, comprehensible overview of the history, composition, jurisdiction, procedure and decisions of the court. Apr 06, 2020 the office of international judicial assistance oija serves as the central authority for the united states under the hague convention on the taking of evidence abroad in civil or commercial matters, t. Eduardo valenciaospina, evidence before the international court of. The issues of admissibility pertaining to circumstantial. Evidence before the international court of justice in.
Justice, reconciliation and the role of the icc ladies and gentlemen, i. Recent contentious issues about the use of evidence in cases before the international court of justice have highlighted the importance of factfinding and the use of evidence before the icj. However, at this point, there is nothing of the sort. British institute of international and comparative law. Rules of evidence before the international court of justice chapter. Fact finding and evidence before the international court.
Final 150717 introduction to evidentiary principle in. On 20 april 2010 the court delivered its judgment in the pulp mills on the river uruguay case between argentina and uruguay, in which it appears to follow a recommendation made in the book concerning expert evidence, and several individual judges draw support from the. Evidence before the international court of justice te of london, british institu international and comparative law, 2009. Any doubt on this point shall be settled by the decision of the court. This major study by the british institute of international and comparative law has examined all aspects of the courts handling and treatment of evidence. This article examines a vexing evidentiau question with which the international court of justice has struggled in. The court s power to request additional documents or explanations 58 c. Jul 01, 2016 read fact finding and evidence before the international court of justice notably in scientificrelated disputes, journal of international dispute settlement on deepdyve, the largest online rental service for scholarly research with thousands of academic publications available at your fingertips. The rome statute which established the court entered into force.
British institute of international and comparative law, 2009. The international court of justice and the concept of. International law and policy for editing and publishing the text. The latest edition of the handbook of the international court of justice in 2019, the court published the latest edition of the handbook.
490 963 1141 501 1343 1314 720 794 1302 10 600 477 481 881 1296 1448 1134 1418 1310 1269 1151 983 72 257 567 1083 963 468 402 342 132 136 1108 623 176 1269 1130 161