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Forensic evidence in atrocity trials: A risky sampling strategy?
1University of Groningen, Faculty of Law, Department of Criminal Law and Criminology, Netherlands.
Journal of Forensic and Legal Medicine
|November 17, 2019
Summary
Analyzing forensic evidence at the International Criminal Court (ICC) is crucial following recent judgments. This review assesses the effectiveness of the ICC
Area of Science:
- International Criminal Law
- Evidence Law
- Forensic Science
Background:
- Recent International Criminal Court (ICC) judgments include acquittals and convictions.
- Assessing evidentiary practices at the ICC is increasingly important.
- Forensic evidence is a key component of prosecution strategies.
Purpose of the Study:
- To critically analyze the use of forensic evidence by the ICC Prosecution.
- To evaluate the effectiveness of the ICC's prosecutorial strategy.
- To determine if focusing on specific crimes yields successful outcomes.
Main Methods:
- Review of ICC case law and prosecutorial submissions.
- Analysis of forensic evidence utilization in selected ICC cases.
- Assessment of conviction and acquittal rates in relation to forensic evidence.
Main Results:
- Forensic evidence has been employed in various ways by the ICC Prosecution.
- The impact of forensic evidence on case outcomes varies.
- The prosecutorial strategy's success is under critical examination.
Conclusions:
- The use of forensic evidence at the ICC requires careful scrutiny.
- Further analysis is needed to optimize the presentation and impact of forensic evidence.
- The ICC's evidentiary practices are evolving in light of judicial decisions.
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