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Reasonable doubts: standard of evidence in the international criminal courts
Abstract.This article is dedicated to the analysis of the “beyond a reasonable doubt” standard of evidence, as well as practice of its implementation by the institution of international criminal justice. The author present a historical overview of the stages of application of the aforementioned standard of evidence in international criminal courts and tribunals. The article raises a question on the ambiguity of the criteria, according to which a facts is considered proven beyond a reasonable doubt, and moreover, such ambiguity is present not only in the area of international law, but also national law of the states of Anglo-Saxon model of criminal procedure. The author examines the court rulings of the International Criminal Tribunal for the former Yugoslavia. The conclusion is made that the implementation of the “beyond a reasonable doubt” standard within the international criminal procedure requires a precise determination of its content, including formalization of the procedure and evidence in the rules of international courts and tribunals, as well as minimal list of elements which must be established by the court.
Keywords: reasonable doubt, ICTY, international criminal tribunals, international criminal tribunals, international criminal procedural law, international criminal justice, standards of evidence, beyond a reasonable doubt, international criminal procedure, proof of guilt
Article was received:22-11-2016
This article written in Russian. You can find full text of article in Russian here .