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Admissibility of Evidence

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Chapter Summary

It was emphasised in the first ICTY annual report to the Security Council and the General Assembly that ?as at Nürnberg and Tokyo, there are no technical rules for the admissibility of evidence. Accordingly, under Rule 89 of the ICTY, ICTR and SCSL Rules, a Chamber may admit any relevant evidence which it deems to have probative value. After the ICTY Rules were adopted, some civil law elements and approaches were brought to the Tribunal?s proceedings. The general rules relating to the exclusion of evidence applied in a common law system are not followed by the Trial Chambers as a rule. There is no blanket prohibition on the admissibility of hearsay evidence (out of court statements). The ?best evidence rule? may be applied in the determination of matters before the Trial Chamber.

Keywords: best evidence rule; civil law; court statements; evidence; ICTR; ICTY Rules; Trial Chamber



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