By Artur Appazov
The e-book is a accomplished narration of using services in foreign legal trials providing mirrored image on criteria in regards to the caliber and presentation of professional proof. It analyzes and evaluations the foundations governing specialist facts in overseas legal trials and the ideas hired through advice and courts depending upon specialist facts and demanding situations that courts face selecting its reliability. particularly, the writer considers how the procedural and evidentiary structure of foreign felony courts and tribunals impacts the courts’ skill to meaningfully include specialist facts into the rational fact-finding process.
The ebook presents research of the original houses of specialist proof compared with different kinds of proof and the demanding situations that those houses current for fact-finding in overseas legal trials. It attracts conclusions in regards to the quantity to which particularized evidentiary ideas for specialist facts in foreign legal trials is in need of. according to comparative analyses of appropriate nationwide practices, the booklet proposes procedural advancements to deal with a number of the demanding situations linked to using
expertise in overseas felony trials.
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Additional info for Expert Evidence and International Criminal Justice
28 2 Expert Evidence in International Criminal Trials judges assess all the evidence, and apply scepticism and critical consciousness in order to assign appropriate weight to the evidence in its entirety at the end of the trial,15 which allows “for a full presentation of all the surrounding circumstances”16 in any given case. 17 It is justified by the fact that, unlike common law courts where the jury reach a verdict, international criminal courts—like civil law courts—are not divided into two tribunals, that of fact and that of law.
Eric Baccard, Case IT-05-87-T, 16 March 2007, para. 13; Prosecutor v. , Decision on Prosecution’s Motion for Admission of Expert Statements, IT-02-60-T, 7 November 2003, para. 19. 45 Prosecutor v. , Written Reasoned Ruling on the Preliminary Characterization of Expert Witness TF1-296, Case SCSL-04-15-T, 14 July 2006, para. 6; Prosecutor v. Dragomir Milosˇevic´ of ICTY, Decision on Admission of Expert Report of Robert Donia, 15 February 2007. 46 Prosecutor v. Dragomir Milosˇevic´, Decision on Admission of Expert Report of Robert Donia.
25 Article 14 of the Statute of the Special Court for Sierra Leone, 2178 UNTS 138, 145; 97 AJIL 295; UN Doc. S/2002/246, appendix II. 26 Gosnell, C. (2010), Admissibility of Evidence in Khan. , Buisman, C. and Gosnel, C. (2010) Principles of Evidence in International Criminal Justice, Oxford: Oxford University Press, p. 382. N. Doc. STL/BD/2009/ 01; Gosnell, C. (2010), Admissibility of Evidence in Khan. , Buisman, C. and Gosnel, C. (2010) Principles of Evidence in International Criminal Justice, Oxford: Oxford University Press, pp.
Expert Evidence and International Criminal Justice by Artur Appazov