This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court.
The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence.
Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.
Specific to this book:
- The first comprehensive monograph on the subject
- Presents a rigorous methodological approach to a key question of criminal procedure
- Includes the different views adopted by national systems on the subject and increases the understanding of it both by lawyers with a civil and with a common law background
This is Volume 4 in the International Criminal Justice Series