The effect of legal culture on the development of international evidentiary practice: From the 'Robing room' to the 'melting pot'

John Jackson, Yassin M'Boge

Research output: Contribution to journalArticle

5 Citations (Scopus)

Abstract

This paper draws on some of the preliminary findings of a small pilot study which aimed to discover what evidentiary challenges a range of practitioners with experience of different international trials faced in the cases they were involved in, and what practices were developed to deal with these challenges. The findings in this study are based on the data collected from The Hague-based institutions, the ICC, the ICTY, the ICTY and ICTR Appeals Chamber, and the Special Tribunal for the Lebanon (STL). It is argued that professionals moving from institution to institution are engaged in a process of cross-pollination which itself influences the practices that develop, although a common understanding of certain evidentiary issues in international trials remains fragmented and at times elusive.

Original languageEnglish
Pages (from-to)947-970
Number of pages24
JournalLeiden journal of International Law
Volume26
Issue number4
DOIs
Publication statusPublished - Dec 2013
Externally publishedYes

Keywords

  • evidentiary challenges
  • international courts
  • international criminal practice
  • legal culture
  • professional norms

ASJC Scopus subject areas

  • Law
  • Political Science and International Relations

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