ADMISSIBILITY OF ILLEGALLY OBTAINED EVIDENCE BEFORE THE INTERNATIONAL CRIMINAL COURT–HYPOTHETICAL CASE
Originally, the paper was the Prosecution’s submission to the International Criminal Court, in a hypothetical case that was the subject of examination at the International Moot Court Competition before the International Criminal Court. The hypothetical case raises the question of admissibility of illegally obtained evidence in criminal proceedings before the International Criminal Court. The paper argues that there is no obligation to absolutely exclude unlawful evidence obtained by violating human rights of the accused person. In this respect, the paper analyzes the case law of the International Criminal Court, ad hoc international criminal tribunals and the European Court of Human Rights.
More...