ФОРМАЛНИ ПРИЈЕМ НА ЗНАЊЕ ПРЕСУЂЕНИХ ЧИЊЕНИЦА У МЕЂУНАРОДНОМ КРИВИЧНОМ ПРАВОСУЂУ
JUDICIAL NOTICE OF ADJUDICATED FACTS IN THE INTERNATIONAL ADMINISTRATION OF CRIMINAL JUSTICE

Summary/Abstract: Subject of this paper is critical analysis of the concept of judicial notice of adjudicated facts in the law and practice of the contemporary international criminal courts and tribunals, International Criminal Tribunal for the Former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR), Special Tribunal for Lebanon (STL) and International Criminal Court (ICC). The author is of the opinion that the concept of judicial notice of adjudicated facts, as developed in the jurisprudence of the ICTY and ICTR, is inappropriate for international criminal proceedings tending to achieve the highest standards of fair trial and full protection of the rights of the accused. Since the adoption of the Rome Statute of the ICC it should be undisputable that the accused has, as one of the minimal guarantees, a right “not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal“.

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