The Rules of Procedure and Evidence in front of International Criminal Courts: a system sui generis

Abstract

International Criminal Courts have been created to prosecute individuals allegedly accused of specific crimes such as war crimes, genocide, ethnic cleansing, and the judgment of these crimes is only endorsed by these Courts. A lot has been written concerning the procedures of prosecution; however, few jurists have dealt with the rules of evidence. Our goal is to give a thorough knowledge of the method used by those specific legal Institutions in the collecting and the processing of evidence to decide their judgment.

In a first part, we have tried to shape a general definition of the notion of 'evidence' in International Criminal Law, bearing in mind that this judicial system is at the same time an internationalized and an independent one.

In a second part, the analysis focused on the processing of evidence in trials before the International Criminal Courts, mainly confidentiality of evidence; these must not be shown out of the trial Chamber, all means to bring evidence is possible, the protection of witnesses, and the absolute independence of judges to consider the validity of evidence.

The study has emphasized on the newness of this legal system and on the necessity of filling up judicial voids.

Key-words: International Criminal Courts, system of evidence, Rules of procedure and evidence, the Statute of Rome, UN Resolutions.