Study On The Rules Of Admissibility Of Evidence In International Criminal Court

The International Criminal Court plays an irreplaceable role in the fight against impunity and in the punishment and prevention of serious international crimes.Waging a lawsuit is,in a way,waging a lawsuit against evidence.As the core rule of evidence in Anglo-American law system,the rules of admissibility of evidence determines the admissibility and exclusion of evidence,relates to the conviction and sentencing of the accused,and finally affects the work of the International Criminal Court in punishing international crimes,implementing the convention of human rights and fair and effective trials in the International Criminal Court.Therefore,its application in the International Criminal Court is in the spotlight.By studying the legislation and judicial practice of the rules ofadmissibility of evidence in the International Criminal Court,we can grasp the position and practice of the court on the issue of admissibility of evidence,and further look into the balance of various conflicting values,which is very important to realize the peace and security of the world which the court pursues.In view of this,this paper will focus on the application of the rules of admissibility of evidence in the International Criminal Court,summarize and refine the basic characteristics and shortcomings of the rules of admissibility of evidence,explore the underlying reasons,and put forward some suggestions to improve the rules of admissibility of evidence in the International Criminal Court.Chapter Ⅰ,starting from the necessity and importance of correct application of the rules of admissibility of evidence by the International Criminal Court,distinguishes and analyzes the admissibility of evidence and related concepts,pointing out that although there are inextricable relations between the admissibility of evidence and the probative force and legality of evidence,there are different emphases and should not be confused.Then,the connotation and denotation of the rules of admissibility of evidence are defined,i.e.,technical specifications formulated by common law countries to prevent confusion or deviation when the jury uses the evidence to ascertain the facts of a case,which are used to solve the issue of the ability or capacity of the evidential material to be admitted by court as evidence.There are both broad and narrow interpretations thereof,but in practice,the evidence exclusion rule is more often embodied by statute or case law.Finally,because the rules of admissibility of evidence play an important role in maintaining the judicial justice,the importance of applying the rules of admissibility of evidence to the International Criminal Courtis self-evident.Chapter Ⅱ,starting with Article 69(4)and Article 69(7)of the Rome Statute,investigates the legislation and judicial practice of the rules of admissibility of evidence in the International Criminal Court in detail.With regard to the admissibility of evidence,Article 69(4)of the Rome Statute grants judges greater discretion,and stipulates that when exercising this discretion,such factors as relevance and probative value shall be considered.With regard to the exclusion of evidence,Article 69(7)of the Rome Statute emphasizes that the manner in which the evidence is obtained must not violate the Rome Statute and internationally recognized human rights,but in addition,there must be some specific adverse impact on the reliability of evidence or the integrity of the proceedings for the exclusion of evidence.It is not difficult to find out from the specific ways of assessment of admissibility of evidence that the focus of attention of the International Criminal Courtand the prosecution and the defense is on the probative value of the evidence,and the court tends to admit the admissibility of the evidence in order to have a deeper understanding of what happened in the case.Correspondingly,the International Criminal Court applies the rule of exclusion of evidence with great care and restraint,so that evidence obtained in violation of internationally recognized human rights or domestic law can be admitted.However,in the long run,the capacity of the International Criminal Court to safeguard human rights will inevitably be reduced,and the legitimacy and authority of the International Criminal Court will be questioned,even the foundation of the International Criminal Court as a permanent institution of international criminal justice will be shaken.Chapter Ⅲ points out that the lenient attitude of the International Criminal Court towards admissibility of evidence and the restraint tendency towards exclusion of evidence are closely related to the vagueness of Article 69 in the Rome Statute,the difficulty of evidence collection and the continuity of the "very open admissibility" approach adopted by international military tribunaland UN ad hoc criminal tribunals.Based on the analysis of the first two Chapters,the second section puts forward some suggestions to improve the rules of admissibility of evidence in the International Criminal Court.Firstly,we should define a number of concepts under Article 69 of the Rome Statute,clarify the main considerations,and pay attention to the interpretation and reasoning in judicial decisions.Secondly,we can refer to the legislation and judicial practice of the European Court of Human Rights and other institutions on the rules of admissibility of evidence,which is of great significance to respect and protect human rights,save judicial litigation costs,safeguard the rights of the accused and give full play to the dynamic role of international criminal justice.