Abstract
The final chapter of this book provides a short summary of the main findings of the present study. It recalls why rigid classifications and bright-line rules are not suitable for finding solutions to ICC cases related to illicitly obtained evidence and highlights the underlying conflict between effective law enforcement and due process rights. Furthermore, Chapter 8 recapitulates why the integrity rationale has been found to be the most compelling justification for the exclusion of evidence from trials at the ICC. The notion of integrity as it should be understood in ICC proceedings is summarized once more. In conclusion, the author emphasizes, in particular, the importance of a high fair-trial standard and calls for methodological consistency when dealing with the exclusion of evidence.
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Notes
- 1.
- 2.
An example here would be in particular the bright-line rule for ‘conscriptive’ evidence initially established by the Canadian Supreme Court, see Sect. 3.3.4.
- 3.
See in particular Prosecutor v. Lubanga (Decision on the Admission of Material from the ‘Bar Table’), ICC (Trial Chamber), decision of 24 June 2009 and Prosecutor v. Katanga (Decision on the Prosecutor’s Bar Table Motions), ICC (Trial Chamber), decision of 17 December 2010, paras 55 et seq.
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Viebig, P. (2016). Conclusion and Outlook. In: Illicitly Obtained Evidence at the International Criminal Court. International Criminal Justice Series, vol 4. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-093-0_8
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