Controversies in Evaluating Evidence in International Criminal Trials

ICL Lunch with Mark Klamberg.

Abstract

International criminal trials are normally very complex and burdened with vast amounts of evidence. Even though such trials may face distinct challenges as compared to trials in domestic settings, the challenges and process of evaluating evidence still have much in common regardless if the trial is before a domestic or international court. Many old debates on evidence that have taken place in domestic settings - and in some cases been settled - have made a comeback in the practice and scholarship on international criminal justice together with new debates. Dr. Klamberg will talk about current controversies in evaluating evidence in international criminal trials, including whether the evaluation of evidence should be subject to an intuitive holistic approach or deconstruction. Is the standard of proof for conviction subjective or objective? It is possible and/or desirable to use mathematical methods in evaluating evidence? He will also discuss criticism against the “beyond reasonable doubt” standard and whether fact-finding at the international level is possible at all.

The talk is based on a forthcoming book chapter “Epistemological Controversies and Evaluation of Evidence in International Criminal Trials” in The Oxford Handbook of International Criminal Law, Heller, Mégret, Nouwen, Ohlin, Robinson (Eds.), OUP 2019.

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Pluricourts holds a monthly international criminal law (ICL) lunch, where an invited ICL expert gives a presentation on a topic of their choice, followed by questions from the audience. The aim is to provide a wide-ranging lecture series, giving varied insights into what is happening within the field of ICL today. We invite speakers from different backgrounds, and have had presentations from Norwegian- based and international academics, as well as speakers from local agencies who work with ICL-related issues, such as Kripos and the Norwegian Red Cross. The lunches also function as a meeting point for those who are interested in ICL, allowing for ideas to be exchanged and developed. They are open to the public, and are attended by staff, students and those working in ICL in the Oslo area.

Tags: Criminal law
Published Mar. 7, 2019 2:12 PM - Last modified May 16, 2019 10:13 AM