A symposium in the Journal of International Criminal Justice, which I co-edited with John D. Jackson, has just been released. The topic is 'Proof in International Criminal Trials' and it features contributions from Paul Roberts, John Jackson and Yassin Brunger, Michael Ramsden and Cecilia Chung, Triestino Mariniello, Mark Klamberg, and myself. Here is a brief summary of the symposium, taken from the foreword:
"This symposium focuses on these issues of proof as they pertain to international criminal trials. Broadly speaking, there are two main themes to the symposium. The first is that there is a rich body of evidence scholarship, which international criminal law and procedure could benefit from. Thus, papers in the symposium introduce theories of evidence and proof from the domestic law context and discuss their relevance to international criminal justice. The second theme of this symposium focuses on some of the unique challenges faced by international courts and tribunals when dealing with fact-finding and the different standards of proof applicable at different stages of proceedings. Papers note, inter alia, the issues surrounding the practice of witness proofing, the standards of proof imposed by Pre-Trial Chambers in the International Criminal Court (ICC) when issuing an arrest warrant or confirming the charges, and the tribunals’ approach to the evaluation of evidence. Together these two themes highlight the need for scholarship on proof and evidence in the international courts and tribunals to draw upon domestic experience while recognizing that the international context poses its own particular challenges."