Epistemological Controversies and Evaluation of Evidence in International Criminal Trials

Forthcoming, Kevin Jon Heller, Frédéric Mégret, Sarah Nouwen, Jens David Ohlin and Darryl Robinson (eds.), The Oxford Handbook of International Criminal Law (OUP 2019)

Faculty of Law, Stockholm University Research Paper No. 65

22 Pages Posted: 23 Jan 2019

See all articles by Mark Klamberg

Mark Klamberg

Stockholm University - Faculty of Law

Date Written: January 10, 2019

Abstract

International criminal trials are normally very complex and burdened with vast amounts of evidence. Even though such trials may face distinct challenges as compared to trials in domestic settings, the challenges and process of evaluating evidence have still much in common regardless if the trial is before a domestic or international court. Many old debates on evidence that have taken place in domestic settings - and in some cases been settled - have made a comeback in the practice and scholarship on international criminal justice together with new debates. This chapter gives an account of current controversies in evaluating evidence in international criminal trials, including whether the evaluation of evidence should be subject to an intuitive holistic approach or deconstruction? Is the standard of proof for conviction subjective or objective? Is it possible and/or desirable to use mathematical methods in evaluating evidence? The chapter also covers the criticism against the “beyond reasonable doubt” standard and whether fact-finding at the international level is possible at all.

Keywords: International criminal trials; beyond reasonable doubt

Suggested Citation

Klamberg, Mark, Epistemological Controversies and Evaluation of Evidence in International Criminal Trials (January 10, 2019). Forthcoming, Kevin Jon Heller, Frédéric Mégret, Sarah Nouwen, Jens David Ohlin and Darryl Robinson (eds.), The Oxford Handbook of International Criminal Law (OUP 2019); Faculty of Law, Stockholm University Research Paper No. 65. Available at SSRN: https://ssrn.com/abstract=3313509 or http://dx.doi.org/10.2139/ssrn.3313509

Mark Klamberg (Contact Author)

Stockholm University - Faculty of Law ( email )

S-106 91 Stockholm
Sweden
+46 8 16 11 90 (Phone)
+46 8 612 41 09 (Fax)

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