Fact-Finding without Facts: The Uncertain Evidentiary Foundations of International Criminal ConvictionsFact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge. |
Contents
| 1 | |
| 11 | |
| 21 | |
The Educational Linguistic and Cultural Impediments | 63 |
Explanations or Concealment Techniques? | 100 |
Of Inconsistencies and Their Explanations | 106 |
The Counternarrative | 130 |
The Consequences of the FactFinding | 167 |
Other editions - View all
Fact-Finding without Facts: The Uncertain Evidentiary Foundations of ... Nancy A. Combs No preview available - 2013 |
Fact-Finding without Facts: The Uncertain Evidentiary Foundations of ... Nancy A. Combs No preview available - 2010 |
Common terms and phrases
acquittals adversarial AFRC Judgement AFRC Transcript Akayesu allegations asked atrocities Bagilishema CDF Judgement CDF Transcript convictions crimes criminal justice Criminal Procedure cultural defendant defendant’s defense counsel defense witness difficulty East Timor evidence fact finders fact-finding impediments false testimony find first Fofana Gacumbitsi genocide hereinafter ICTR ICTY identified inconsistencies indictment influence instance Int’l Interahamwe international tribunals international witnesses interpretation investigators judges July July 12 July 27 June June 27 Kajelijeli Kamajors Kamuhanda Transcript Karera killed Kondewa Lolotoe Case Notes Mpambara Musema Nallo Ndindabahizi Transcript Niyitegeka nonadversarial note 27 note 56 Ntakirutimana Transcript official position Palos Case Notes paras perjury prosecution witnesses prosecution’s Prosecutor question Rutaganda Rwamakuba Rwandan SCSL Sept Sierra Leone significant Special Court Special Panels specific standard of proof statement Taylor Transcript testified testimonial deficiencies Tokyo Tribunal Trial Chamber Tutsi War Crimes witness testimony witness’s witness’s testimony witnesses testified