This thesis examines article 69(7) of the Rome Statute, which creates an
exclusionary rule for improperly obtained evidence at the International Criminal Court
(ICC). Ultimately, the thesis proposes how the ICC should interpret its exclusionary rule.
The thesis discusses the theory underlying exclusionary rules, the evidence law and
remedial law contexts within which exclusionary rules operate, and numerous
comparative examples of exclusionary doctrine from within national criminal justice
systems. Finally, some unique aspects of international criminal procedure are described
in order to demonstrate how an international exclusionary rule might need to differ from
a domestic rule, and previous jurisprudence relating to exclusionary rules at other
international criminal tribunals is surveyed. The thesis ends by articulating what a basic
test for exclusion at the ICC should look like, and examines how such a rule would
operate in respect of all of the different exclusionary doctrines discussed earlier in the
thesis.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:NSHD.ca#10222/50199 |
| Date | 14 April 2014 |
| Creators | Madden, Michael |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
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