One Nation Under Surveillance by Chesterman Simon

Author:Chesterman, Simon
Language: eng
Format: epub
Publisher: OUP Oxford
Published: 2011-03-11T05:00:00+00:00

2.5. International Criminal Prosecution

International criminal prosecution has seen the most direct discussion of the legal implications of intelligence being used in international forums. Though intelligence provided by member states was extremely useful in the investigation of crimes, adducing this evidence in court introduced problems familiar to many jurisdictions in which intelligence and law enforcement bodies operate side by side. The challenges include balancing the need to protect sources and thus ensure an ongoing flow of information to support effectiveness, while at the same time protecting the rights of the accused if the legitimacy of the tribunal is not to be called into question.

The use of intelligence in international criminal prosecution highlights directly the tension between the competing objectives of national security and international legitimacy. The tension is enhanced because the national interest that leads a state to share intelligence concerning war criminals is likely to be less compelling than the other situations discussed in this Chapter; at the same time, the evidentiary threshold for securing a conviction in an international tribunal is considerably more rigorous.

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