28 avril 2013

OUVRAGE : M. Klamberg, Evidence in International Criminal Trials: Confronting Legal Gaps and the Reconstruction of Disputed Events

Kadidiatou HAMA

In Evidence in International Criminal Trials Mark Klamberg compares procedural activities relevant for international criminal tribunals and the International Criminal Court, including evaluation, collection, disclosure, admissibility and presentation of evidence. The author analyses what objectives are recognized in relation to the aforementioned procedural activities and whether it is possible to establish a priority between them. The concept of “robustness” is introduced to discuss the quantity of evidence in addition to concepts that deal with quality. Finally, the exclusion of every reasonable hypothesis of innocence method is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence. The book seeks to provide guidance on how to confront legal as well as factual issues.


TABLE OF CONTENTS
Preface; List of Abbreviations;
1 Introduction;
2 General Framework of International Criminal Proceedings;
3 Burden of Proof, Standard of Proof and Evaluation of Evidence;
4 Collection of Evidence;
5 Disclosure of Evidence;
6 Admissibility of Evidence;
7 Presentation of Evidence;
8 Synthesis;
Table of Cases; Table of Treaties and Other Documents; Bibliography; Index.


Mark KLAMBERG, Evidence in International Criminal Trials: Confronting Legal Gaps and the Reconstruction of Disputed Events, Leiden, Martinus Nijhoff Publishers, 2013 (XX-580 pp.)

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