Processing Evidence and Drafting Judgments in International Criminal Trial Chambers

Öberg*, Marko
March 2013
Criminal Law Forum;Mar2013, Vol. 24 Issue 1, p113
Academic Journal
International criminal trials are usually very complex, lengthy and heavy on evidence. This complicates the Trial Chamber's fact finding task and hampers its ability to issue a reasoned written judgment without undue delay. The present article examines the specific challenges of drafting an international criminal trial judgment, with the main focus being on mastering the huge amounts of evidence. It further provides practical recommendations on how to deal with these challenges.


Related Articles

  • The Legitimacy of International Criminal Tribunals and the Current Prospects of International Criminal Justice. CASSESE, ANTONIO // Leiden Journal of International Law;Jun2012, Vol. 25 Issue 2, p491 

    Having identified the differences between the concept of legality and the much more complex concept of legitimacy, the author scrutinizes the legality and the legitimacy of the existing international criminal tribunals. Their legality has been put in doubt only concerning the International...

  • International Sentencing Facts and Figures. Hol�, Barbora; Smeulers, Alette; Bijleveld, Catrien // Journal of International Criminal Justice;May2011, Vol. 9 Issue 2, p411 

    This comparative, empirical study analyses the sentencing practice of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). It would appear that there are large differences in ICTY and ICTR sentencing practice. This...

  • Special Commentary: International Criminal Justice - Some Flaws and Misperceptions. Tochilovsky, Vladimir // Criminal Law Forum;Dec2011, Vol. 22 Issue 4, p593 

    The article examines problems with modern international criminal justice administration, many of which the author argues are exacerbated by ad hoc tribunals. The author begins with the relationship between the judiciary and prosecution, which are often conflated. He goes on to examine...

  • Any Other Contribution? Ascribing Liability for Cover-Ups of International Crimes. Kearney, Michael // Criminal Law Forum;Sep2013, Vol. 24 Issue 3, p331 

    As the International Criminal Court (the Court or ICC) continues to develop the parameters of the various modes of liability set out in Article 25(3) of the Rome Statute, recent developments raise questions as to whether the Court can consider participation in cover-ups or concealment of crimes...

  • THE ICC'S EXIT PROBLEM. HAMILTON, REBECCA J. // New York University Journal of International Law & Politics;2014, Vol. 47 Issue 1, p1 

    The International Criminal Court (ICC) was never meant to supplant the domestic prosecution of international crimes. And yet, the Court is now entering its second decade of operations in four African nations, with no plan for exit in sight. While the literature on the ICC to date has devoted...

  • Do Crimes Against Humanity Require the Participation of a State or a ‘State-like’ Organization? Werle, Gerhard; Burghardt, Boris // Journal of International Criminal Justice;Dec2012, Vol. 10 Issue 5, p1151 

    Under Article 7(2)(a) of the ICC Statute, crimes against humanity require that a widespread or systematic attack on a civilian population be committed ‘pursuant to or in furtherance of a State or organizational policy to commit such attack’. The interpretation of the term...

  • Daring Diversity – Why There Is Nothing Wrong with ‘Fragmentation’ in International Criminal Procedures. NERLICH, VOLKER // Leiden Journal of International Law;Dec2013, Vol. 26 Issue 4, p777 

    International criminal law has made impressive strides over the past twenty years. The 1990s and 2000s saw the establishment of ad hoc international criminal tribunals for the former Yugoslavia and for Rwanda (ICTY and ICTR), the coming into being of the permanent International Criminal Court...

  • Stare decisis in the ICTY Appeal System? Orie, Alphons M.M. // Journal of International Criminal Justice;Jul2012, Vol. 10 Issue 3, p635 

    Although international criminal law is becoming increasingly harmonized, it is inevitable that differently composed panels at the Appeals Chambers of the International Criminal Tribunal for the former Yugoslavia (ICTY) (and other international courts) will disagree with each other. The author...

  • The Lubanga Trial Chamber’s Assessment of Evidence in Light of the Accused’s Right to the Presumption of Innocence. Roberts, Rosalynd C. E. // Journal of International Criminal Justice;Sep2012, Vol. 10 Issue 4, p923 

    On 14 March 2012, the International Criminal Court issued its first judgment, convicting Thomas Lubanga of the war crimes of conscripting and enlisting child soldiers and using them to participate actively in hostilities. This article examines the Trial Chamber’s assessment of the...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics