By Artur Appazov
The ebook is a complete narration of using services in foreign felony trials delivering mirrored image on criteria about the caliber and presentation of specialist facts. It analyzes and opinions the foundations governing specialist proof in foreign felony trials and the techniques hired by way of assistance and courts depending upon specialist proof and demanding situations that courts face opting for its reliability. particularly, the writer considers how the procedural and evidentiary structure of overseas felony courts and tribunals impacts the courts’ skill to meaningfully comprise specialist proof into the rational fact-finding process.
The booklet presents research of the original homes of professional proof compared with other kinds of facts and the demanding situations that those homes current for fact-finding in overseas felony trials. It attracts conclusions concerning the quantity to which particularized evidentiary ideas for professional proof in foreign legal trials is in need of. in accordance with comparative analyses of appropriate nationwide practices, the ebook proposes procedural advancements to handle many of the demanding situations linked to using
expertise in overseas felony trials.
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Extra resources for Expert Evidence and International Criminal Justice
S. Government Printing Office, Vol. 1 “The Medical Case”, p. 70. 8 Trials of War Criminals before the Nuremberg Military Tribunals under Control Council Law No 10, (1946). S. Government Printing Office, Vol. 1 “The Medical Case”, pp. 108-111. 9 Trials of War Criminals before the Nuremberg Military Tribunals under Control Council Law No 10, (1946). S. Government Printing Office, Vol. 1 “The Medical Case”, p. 138. 1 27 Expert Evidence in the Ad Hoc Courts General Evidentiary Standards The trials that take place before modern international criminal courts are somewhat similar to Nuremberg and Tokyo with their relaxed evidentiary standards.
Fanatically bent upon conquest, utterly ruthless as to the means or instruments to be used in achieving victory, and callous to the sufferings of people whom they regarded as inferior, the German militarists were willing to gather whatever scientific fruit these experiments might yield. But our proof will show that a quite different and even more sinister objective runs like a red thread through these hideous researches. We will show that in some instances the true object of these experiments was not how to rescue or to cure, but how to destroy and kill.
Case IT-96-21-T, 5 June 1997, para. 41. 14 Tochilovsky, V. (2008), Jurisprudence of the International Criminal Courts and the European Court of Human Rights. London, Boston: Martinus Nijhoff, p. 403. 28 2 Expert Evidence in International Criminal Trials judges assess all the evidence, and apply scepticism and critical consciousness in order to assign appropriate weight to the evidence in its entirety at the end of the trial,15 which allows “for a full presentation of all the surrounding circumstances”16 in any given case.