Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings by Kelly Pitcher

Author:Kelly Pitcher
Language: eng
Format: epub, pdf
Publisher: T.M.C. Asser Press, The Hague

Earlier on in the decision, the Trial Chamber had said that:It is clear from the review of national laws and international law, and the Rules and practice of this International Tribunal, that before this Tribunal evidence obtained illegally is not, a priori, inadmissible, but rather that the manner and surrounding circumstances in which evidence is obtained, as well as its reliability and effect on the integrity of the proceedings, will determine its admissibility. Illegally obtained evidence may, therefore, be admitted under Rule 95 since the jurisprudence of the International Tribunal has never endorsed the exclusionary rule as a matter of principle.140

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