أدلة الإثبات الجنائي في القضاء الجنائي الدولي : دراسة تحليلية

Abstract EN

If criminal proceedings in national legislation are brought before the court - especially in criminal cases - after being examined by an investigative authority, and the court re-investigates the evidence by itself, so as to issue its verdict, whether to convict or acquit, then the case of international criminal courts is not far from that of national courts.

This is because the statutes of these courts have organized evidentiary materials, particularly with respect to confession and the testimony of witnesses.

Before discussing testimony and confessing guilt, we should show that it is important to examine the rules of evidence, which is the focus of trial proceedings.

It should be noted that the statutes of international criminal courts have adopted such norms in different ways.

The Nuremberg Statute did not provide for such rules, neither did the Tokyo Tribunal.

This is because the tribunal’s procedural and evidentiary rules were subsequently adopted by the judges of the court.

The same approach was adopted by the two Tribunals of the former Yugoslavia and Rwanda.

As for the Statute of the International Criminal Court, it contains only some of the most fundamental aspects of the evidence.

The rest of these were contained in the rules of procedure and evidence that had been distinguished from their predecessors as being formulated by the Preparatory Commission for the International Criminal Court and adopted by the Assembly of States Parties as part of the Statute of the Court.

Therefore, these rules are not established by the judges of the Court, but are binding on them.

We will limit this study to the basic topics related to evidentiary proof as well as the rules that regulate testimony and confession.

The first part deals with the general laws of evidence before international criminal courts, the second draws on testimony before international criminal courts, and the third part discusses the confession of guilt.

The study ends with a number of conclusions and recommendations