| 000 | 04034nam a22004818i 4500 | ||
|---|---|---|---|
| 001 | BRILL9789004741010 | ||
| 003 | nllekb | ||
| 005 | 20260610105546.0 | ||
| 007 | cr un uuuua | ||
| 008 | 250910s2026 gw sb 001 0 eng d | ||
| 020 |
_a9789004741010 _q(electronic book) |
||
| 020 |
_z9789004741003 _q(print) |
||
| 024 | 7 |
_a10.1163/9789004741010 _2DOI |
|
| 035 | _z(OCoLC)1533180262 | ||
| 040 |
_aNL-LeKB _cNL-LeKB _erda |
||
| 041 | _aeng | ||
| 050 | 4 | _aKZ7422 | |
| 072 | 7 |
_aLAW _x051000 _2bisacsh |
|
| 072 | 7 |
_aLBBS _2bicssc |
|
| 072 | 7 |
_aPOL _x035010 _2bisacsh |
|
| 082 | 0 | 4 |
_a345/.06 _223 |
| 100 | 1 |
_aSorvatzioti, Demetra Fr., _eauthor. |
|
| 245 | 1 | 0 |
_aInternational Criminal Evidence Law : _bLegal Traditions in Conflict: Common and Continental Law at the ICC / _cDemetra Fr. Sorvatzioti. |
| 246 | 3 | _aLegal Traditions in Conflict: Common and Continental Law at the ICC | |
| 264 | 1 |
_aLeiden ; _aBoston : _bBrill | Nijhoff, _c2026. |
|
| 264 | 4 | _c©2026 | |
| 300 |
_a1 online resource (218 pages) : _billustrations. |
||
| 336 |
_atext _btxt _2rdacontent |
||
| 337 |
_acomputer _bc _2rdamedia |
||
| 338 |
_aonline resource _2rdacarrier |
||
| 490 | 1 | _aHuman Rights and Humanitarian Law E-Books Online, Collection 2026 | |
| 490 | 1 |
_aStudies in International Criminal Law ; _v8 |
|
| 504 | _aIncludes bibliographical references and index. | ||
| 520 | _aThis book examines how the International Criminal Court (ICC) evaluates evidence within its hybrid legal framework, providing a comparative analysis of continental and common law traditions as applied in trial practice. It illustrates how the legal backgrounds of judges influence both conceptual and practical understanding of the prosecutorial burden of proof, the presumption of innocence, and the principle of free evaluation of evidence. These disparities create tensions in the way evidence is assessed. Focusing on key cases such as Bemba , Gbagbo , and Ongwen , the book identifies recurring challenges, including the tendency to confuse procedural rules with the rigorous reasoning process required by evidence law. It challenges the continental assumption that evidence law is merely a set of admissibility rules. It redefines it as a body of law that offers a structured method of reasoning, supporting a principled approach to the admissibility of evidence at the trial stage and its evaluation at the judgment stage. The lack of consistent, robust reasoning in the case law of the ICC on evidence issues has resulted in reasoning contradictions, exposing it to criticism. Fairness, transparency, and legitimacy have been compromised, particularly as the principle of free evaluation of evidence, is conceptually incompatible with the prosecutorial burden of proof. However, it continues to be regarded as a safeguard of the presumption of innocence, even during the weighing process at the end of the trial. The book proposes a bespoke evidence law for the ICC: one that is neither transplanted from national legal orders nor eclectic in design, but uniquely crafted to meet the specific needs of each case. It offers legal scholars, judges, prosecutors, and practitioners a comprehensive analysis of the conceptual misunderstandings that affect evidentiary reasoning at the Court. It argues that a principled approach to evaluating international criminal evidence is essential for developing a consistent body of evidence law for International Criminal Tribunals. | ||
| 546 | _aEnglish | ||
| 588 | _aDescription based on print version record. | ||
| 650 | 0 | _aEvidence, Criminal (International law) | |
| 776 | 0 | 8 |
_iPrint version: _tInternational Criminal Evidence Law : Legal Traditions in Conflict: Common and Continental Law at the ICC. _dLeiden ; Boston : Brill | Nijhoff, 2026. _z9789004741003 _w(DLC) 2025037929 |
| 830 | 0 | _aHuman Rights and Humanitarian Law E-Books Online, Collection 2026. | |
| 830 | 0 |
_aStudies in International Criminal Law ; _v8. |
|
| 856 | 4 |
_zDOI: _uhttp://dx.doi.org/10.1163/9789004741010 |
|
| 999 |
_c39936 _d39936 |
||