The ICC’s Evidence Law: The Antagonistic Symbiosis of Continental and Common Law Traditions
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Authors
Sorvatzioti, Dimitra Fr.
Date
2024-09-18
Type
thesis
Language
eng
Keyword
International criminal evidence law , International criminal court , Comparative evidence law , Continental v. common law , Sentencing and evidence law , Burden of proof , Free evaluation of evidence , l'intime conviction.
Alternative Title
Abstract
This scholarly work aims to discuss contradictory International Criminal Court's (ICC) judicial opinions on evidentiary issues and determine whether these contradictions stem from the legal traditions inherent in the judges’ backgrounds. For this reason, it conducts a comparative analysis of continental and common law traditions within the ICC’s legal framework and case law. By examining the fundamental components of the two legal systems, it explores how the influence of either continental or common law traditions may provide antithetical reasonings.
The study uncovers that the classic continental tradition is less experienced in handling evidence law problems than the common law, leading to misinterpretations in evidence evaluation. By identifying the root of the problem, the research underscores the need for a bespoke evidence law for the ICC. This unique evidence law, designed to enhance the Court’s effectiveness, foster seamless judicial cooperation, instill trustworthiness, and uphold fairness, is not just a recommendation but a crucial and time-sensitive step toward the evolution of international criminal law.
To illustrate the evidentiary challenges faced by the Court and the differing perspectives of the legal traditions, the study conducts an in-depth analysis of ICC decisions in the Bemba, Gbagbo and Blé Goudé, and Ongwen cases. This case analysis serves as a practical application of the theoretical discussions, providing a clear understanding of the issues at hand.
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Attribution-NonCommercial-NoDerivatives 4.0 International
ProQuest PhD and Master's Theses International Dissemination Agreement
Intellectual Property Guidelines at Queen's University
Copying and Preserving Your Thesis
This publication is made available by the authority of the copyright owner solely for the purpose of private study and research and may not be copied or reproduced except as permitted by the copyright laws without written authority from the copyright owner.
Attribution-NonCommercial-NoDerivatives 4.0 International