Fact-Finding in International Criminal Procedure – How Collection of Evidence May Contribute to Testing of Alternative Hypotheses
20 Pages Posted: 25 May 2011
Date Written: May 20, 2011
This paper is based on doctoral project which presents an approach to fact-finding in international criminal procedure. The main purpose of the doctoral project is to examine how tensions between adversarial and inquisitorial influences in the fact-finding process can be bridged. A related question in the study is how to solve inconsistencies and gaps in procedural rules. The doctoral project also covers the historical tribunals of Nuremberg and Tokyo but this part is excluded in the present paper. The approach to fact-finding does not only relate to the evaluation of evidence but also other procedural activities, including collection of evidence. This paper will first examine the process of fact-finding (section 2). Next the consequences of this approach will be discussed in relation to collection of evidence (section 3) and the power of the judges to order the production of additional evidence (section 4). Finally, the paper will discuss whether the approach of disproving alternative hypotheses is relevant for international criminal procedure. This is also one of the key questions for the discussion May 30, 2011 when this paper is presented.
Keywords: International Criminal Procedure; Evidence; Alternative Hypotheses
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