How is proof done before the International Criminal Court?
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Proof before the International Criminal Court (ICC) is done through a combination of the Prosecutor's powers and the control of the Pre-Trial Chamber. The burden of proof lies with the Prosecutor, but it is not an absolute power and is restricted by the authorization of the Pre-Trial Chamber . International courts, including the ICC, rely on the principle of jura novit curia, where the court knows the law and the parties do not need to plead or prove the law that applies to their case . The International Court of Justice (ICJ) does not have consistent or clear rules on the standard of proof, but a tiered approach can be adopted based on various factors . The ICJ follows a flexible approach to the standard of proof, with a two-tier analysis in cases where all parties appear and a single-tier analysis in cases of non-appearance . At the ICC, proofing is neither legally admissible nor necessary due to its mixed adversarial-inquisitorial procedure .
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15 Citations | Proofing is not legally admissible or necessary before the International Criminal Court (ICC) due to its mixed adversarial-inquisitorial procedure. The ICC's Victims and Witnesses Unit can adequately prepare witnesses for trial. |
| The provided paper does not specifically discuss the International Criminal Court. | |
01 Apr 2020 | The provided paper does not specifically mention the International Criminal Court or how proof is done before it. The paper discusses the acquisition and evaluation of evidence in international court proceedings in general. |
| The paper discusses the power of proof before the International Criminal Court (ICC) and how it is limited to the Prosecutor, who must obtain authorization from the Pre-Trial Chamber for certain investigative and evidentiary powers. |
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