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Full-Text Articles in Evidence

When Facts Are Thin On The Ground, Julia Romasevych, Paul Antiss, Nancy Amoury Combs Sep 2010

When Facts Are Thin On The Ground, Julia Romasevych, Paul Antiss, Nancy Amoury Combs

Popular Media

Fact-finding at the international tribunals is not as precise as we think. Nancy Combs, Professor of Law at William and Mary Law School, explores this in her new book 'Fact-finding without facts: the uncertain evidentiary foundations of international criminal convictions'.


Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh Jan 2010

Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh

All Faculty Scholarship

No abstract provided.


Introductory Note For The International Criminal Court, Susana Sacouto Jan 2010

Introductory Note For The International Criminal Court, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: On February 3, 2010, the Appeals Chamber of the International Criminal Court (ICC) issued its judgment on the appeal of the Prosecutor against the decision of the Pre-Trial Chamber (PTC) denying his application for an arrest warrant against President of Sudan, Omar Hassan Ahmad Al Bashir in relation to the crime of genocide. Holding that the PTC had applied an erroneous standard of proof, the Appeals Chamber reversed the PTC's decision and directed it to reconsider whether the warrant should be issued in light of the Appeals Chamber's discussion of the appropriate standard of proof.


Introduction To Panel On Gender Crimes At The International Level Proceedings Of The Third International Humanitarian Law Dialogs, Susana Sacouto Jan 2010

Introduction To Panel On Gender Crimes At The International Level Proceedings Of The Third International Humanitarian Law Dialogs, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: On February 3, 2010, the Appeals Chamber of the International Criminal Court (ICC) issued its judgment on the appeal of the Prosecutor against the decision of the Pre-Trial Chamber (PTC) denying his application for an arrest warrant against President of Sudan, Omar Hassan Ahmad Al Bashir in relation to the crime of genocide. Holding that the PTC had applied an erroneous standard of proof, the Appeals Chamber reversed the PTC's decision and directed it to reconsider whether the warrant should be issued in light of the Appeals Chamber's discussion of the appropriate standard of proof.


Outsourcing Investigations, Elena Baylis Jan 2010

Outsourcing Investigations, Elena Baylis

Articles

This article addresses the International Criminal Court’s reliance on third-party investigations in the absence of its own international police force. In addition to cooperation from sometimes reluctant states, the ICC and other international criminal tribunals have come to rely on a network of NGOs and UN entities focused on postconflict justice work to provide critical evidence. This reliance raised problems in the ICC Office of the Prosecutor's first case against Thomas Lubanga. The use of third-party evidence raises questions regarding confidentiality and disclosure, the integrity of the evidence-gathering process, and the equality of arms between the prosecution and the defense. …