Principles of Evidence in International Criminal Justice

Karim A. A. Khan is a barrister practising at Temple Garden Chambers, Temple, London, a leading set specialising in national and international criminal law and human rights. He has previously worked as a Senior Crown Prosecutor and at the Law Commission of England and Wales. From 1997-2000 he worked in the Office of the Prosecutor of the United Nations International Criminal Tribunals for the Former Yugoslavia and Rwanda. Since 2000 he has acted in numerous international cases including as lead defence counsel for Charles Taylor before the Special Court for Sierra Leone, before the Special Panels for Serious Crimes in East Timor, and in various cases before the ICTY. He is Lead Counsel to the Darfurian rebel Leader Bahar Idriss Abu Garda, the first person to voluntarily surrender to the ICC.Caroline Buisman has specialised in international criminal law and procedure since 1999. She completed an internship at the Office of the Prosecutor of the ICTY and has subsequently taught courses and seminars dealing with issues arising from international criminal justice, inter alia at Westminster University, London. Since 2002, she has worked in a variety of defence teams in different cases before the ICTR, ICTY, SCSL and currently the ICC. In the course of her work at the international criminal tribunals, Ms Buisman has published a number of articles and chapters in books on the subject of international criminal procedure and evidence and is currently in the completion stage of her PhD on fact-finding methodologies in international criminal justice.Christopher Gosnell is a New York attorney whose principal specialization is international criminal law. He has worked as both a defence counsel and as a prosecutor at the ICTY, and served for several years as a Legal Officer in the Chambers of the ICTR. A former lecturer-in-law at Columbia Law School and law clerk of the Supreme Court of Canada, Mr. Gosnell received law degrees from Oxford, McGill, and Columbia.

• Preface ; Foreword ; Introduction ; PART I: ANTECEDENTS ; 1. Civil law Rules of Evidence ; 2. International Criminal Law and Common Law Rules of Evidence ; 3. The Nature and Evolution of the Rules of Procedure and Evidence ; 4. Interpretive Methodologies and the Use of Precedent in Cases Before International Criminal Courts ; 5. The Changing Context of Evidential Rules ; PART II: BEFORE THE TRIAL BEGINS ; 6. Collection of Evidence ; 7. Disclosure of Evidence ; PART III: THE TRIAL ; 8. Admissibility of Evidence ; 9. Documentary Evidence ; 10. Rules Governing the Presentation of Testimonial Evidence ; 11. Evidential Privileges ; 12. Expert Evidence ; 13. Reasonable Doubt Standard of Proof in International Criminal Trials ; 14. The Standard of Proof in Pre-Trial Proceedings ; PART IV: PROOF OF FACTS OTHER THAN THROUGH EVIDENCE AT TRIAL ; 15. Judicial Notice ; 16. Additional Evidence on Appeal, Review Proceedings and the Remedy of Reconsideration

...meticulous and wide-ranging study...the overall level of detail of the chapters is...commanding