Article2010

Fact-Finding without Facts: The Uncertain Evidentiary Foundations of International Criminal Convictions

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International Law and Human Rights Legal processes and jurisprudence War, Law, and Justice

Abstract

1. The evidence supporting international criminal convictions 2. Questions unanswered: international witnesses and the information unconveyed 3. The educational, linguistic, and cultural impediments to accurate fact-finding at the international tribunals 4. Of inconsistencies and their explanations 5. Perjury: the counter-narrative 6. Expectations unfulfilled: the consequences of the fact-finding impediments 7. Casual indifference: the trial chambers' treatment of testimonial deficiencies 8. Organizational liability revived: the pro-conviction bias explained 9. Help needed: practical suggestions and procedural reforms to improve fact-finding accuracy 10. Assessing the status quo: they are not doing what they say they are doing but is what they are doing worth doing? 11. Conclusion.

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References

1991Who can catch a liar?1991Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime 1971Trial by Mathematics: Precision and Ritual in the Legal Process 2015Remembrance of things past 2002Violence and Social Repair: Rethinking the Contribution of Justice to Reconciliation 2001Jury decision making: 45 years of empirical research on deliberating groups.1999An Economic Approach to the Law of Evidence 1998On the Current Trends towards Criminal Prosecution and Punishment of Breaches of International Humanitarian Law

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2013Dealing with the Principle of Proportionality in Armed Conflict in Retrospect: The Application of the Principle in International Criminal Trials

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