الإدانة بما لا يدع مجالا للشك المعقول في ضوء النظام الأساسي للمحكمة الجنائية الدولية

Abstract EN

Article 66 of the Rome statute expressly provides that "in order to convict the accused, the court must be satisfied of his guilt beyond a reasonable doubt."1605 the standard of proof in criminal matters adopted in common law systems differs somewhat from civil law systems, which do not all have a formal standard of proof.

therefore, it is essential to analyze the meaning of this standard in order to determine the rigor expected for the evaluation of evidence by judges in order to find the accused guilty, or to acquit him.

however, several meanings exist, which weakens the implementation of the standard and emphasizes the substantiality of its subjective character while respecting the presumption of innocence, the application of the beyond reasonable doubt standard logically concerns the crimes prosecuted.

however, some questions remain as to the extent of its application because of the multiple determination of the guilt of the accused.

there are three elements that must be proven to convict a person of an international crime: the contextual elements of the crime, the material and moral elements of the crime, and the form of responsibility of the accused.

the application of the reasonable doubt standard therefore applies to this triptych of probations.

however, the scale of the use of the standard within these three elements is not always easy.

nevertheless, the court's case-law, based on that of the other courts, is relatively consistent.