Fact-finding without facts : the uncertain evidentiary foundations of international criminal convictions / Nancy Amoury Combs.
2010
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Title
Fact-finding without facts : the uncertain evidentiary foundations of international criminal convictions / Nancy Amoury Combs.
Imprint
Cambridge : Cambridge University Press, 2010.
Description
1 online resource (xi, 420 pages) : digital, PDF file(s)
Formatted Contents Note
The evidence supporting international criminal convictions
Questions unanswered : international witnesses and the information unconveyed
The educational, linguistic, and cultural impediments to accurate fact-finding at the international tribunals
Of inconsistencies and their explanations
Perjury : the counternarrative
Expectations unfulfilled : the consequences of the fact-finding impediments
Casual indifference : the trial chambers' treatment of testimonial deficiencies
Organizational liability revived : the pro-conviction bias explained
Help needed : practical suggestions and procedural reforms to improve fact-finding accuracy
Assessing the status quo : they are not doing what they say they are doing but is what they are doing worth doing?
Questions unanswered : international witnesses and the information unconveyed
The educational, linguistic, and cultural impediments to accurate fact-finding at the international tribunals
Of inconsistencies and their explanations
Perjury : the counternarrative
Expectations unfulfilled : the consequences of the fact-finding impediments
Casual indifference : the trial chambers' treatment of testimonial deficiencies
Organizational liability revived : the pro-conviction bias explained
Help needed : practical suggestions and procedural reforms to improve fact-finding accuracy
Assessing the status quo : they are not doing what they say they are doing but is what they are doing worth doing?
Summary
Fact-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.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511760259 ebook
9780521111157 (hardback)
9781107699717 (paperback)
9780521111157 (hardback)
9781107699717 (paperback)
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