From ad Hoc to Hybrid—The Rules and Regulations Governing Reception of Expert Evidence at the International Criminal Court

Abstract

The International Criminal Court has been established as a permanent forum to try only the gravest of crimes. Given the unique treaty-sanctioned amalgamation of common law and civil law procedures of the Court, this article examines the evidentiary provisions for the reception of expert opinion at pre-trial, trial and reparation stages. It discusses some of the recent decisions concerning expert witness testimony and considers whether this jurisprudence has evolved sufficiently to overcome many of the perceived shortcomings of expert witness involvement in the ad hoc tribunals. The article looks to recent developments in national civil and criminal law procedures concerning expert testimony and proposes the adoption of a specific definition of what the ICC actually considers an expert or expert witness to be, as well as a Code of Conduct for such witnesses. In conclusion the article proposes a minimal-set of procedural modifications thought essential to optimise the use of experts and expert witnesses at the ICC.