Evidentiary Deficiencies in International Criminal Law: Tracing the Trajectory from Ignored to Integral to Irrelevant

Abstract

This keynote address traces the evidentiary trajectory in proving international crimes. It focuses in particular on deficiencies in evidence, and it argues that the history of evidentiary deficiencies in international criminal prosecutions can be encapsulated in three I’s. At first, evidentiary deficiencies were ignored, later they became integral, and now we may be approaching a phase where they are becoming—at least for a time—irrelevant.

Keywords: International Criminal Law, Evidence