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Expert Evidence Requirements And Standards Within International Criminal Cases: Protection Against Miscarriages Of Justice

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Chapter Summary

This chapter examines a scenario when an expert witness is exceeding his or her expertise and entering the province of the judges. It also examines the case law of the international criminal tribunals, especially several relevant decisions of the Special Court for Sierra Leone (SCSL), in order to assess whether and to what extent the expert standards set forth by this jurisprudence is instrumental as to the protection against miscarriages of justice. The chapter discusses the principles that govern the admissibility of expert witness testimony before international criminal courts, in particular those that have arisen from the law practice of these courts. These principles are frequently invoked by defense counsel acting before international criminal tribunals. The "ultimate issue" rule serves to protect against miscarriages of justice in the practice of international criminal tribunals.

Keywords: "ultimate issue" rule; expert witness; international criminal tribunals; miscarriages of justice; Special Court for Sierra Leone (SCSL)



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