Sherlock at the ICC?

Journal of International Criminal Justice, vol. 18, pp. 59–86

Abstract

Abstract The International Criminal Court (ICC or the Court) is currently suffering from an evidence problem. Since the time the ICC became functional, some judges have criticized the investigative practices of the Office of the Prosecutor (OTP), and some cases have crumbled due to the quality of evidence. This article tackles these problems from the perspective of third-party investigations and their role in ICC cases. It examines the difference between private and public investigators under the legal framework of the Rome Statute to find whether and how third-party investigations can be used in (and by) the ICC. Evidence collected by third-party investigators will likely face challenges of admissibility in being introduced into trial. Those challenges could, however, be overcome if third-party investigations are regulated within the legal framework of the ICC. Ultimately, this article aims to provide a legal framework to optimize the use of third-party investigations in the ICC.

Authors 1

1. Rafael Braga da Silva corresponding Aachen

   Leiden University · United Nations Interregional Crime and Justice Research Institute

   Affiliation as printed

   Attorney at Law; LL.M. University for Peace and United Nations Interregional Criminal and Justice Research Institute (UNICRI), LL.M. Adv. Studies in Public International Law ( cum laude ), Grotius Centre for International Legal Studies, Leiden University. [ ]