![]() ![]() ![]() This paper addresses two distinct issues: (i) the retroactive application of the amended provision to an ongoing case and (ii) the threshold for the admissibility of untested potentially incriminating evidence on the basis of alleged witness tampering and of recanted evidence.Ī fundamental goal of international criminal trials is fundamental fairness. This is a research paper regarding the new scope of the use of prior record testimony in the International Criminal Court (‘’ the Court’’) under the amended Rule 68 of RoPE and its limitation in light of the fair trial requirement outlined in Rome Statute and International Covenant on Civil and Political Rights, relevant decisions of the Court. FAIR TRIAL CONSIDERATIONS IN THE APPLICATION OF THE AMENDED ARTICLE 68 OF ICC RoPE
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