Illicitly Obtained Evidence at the International Criminal Court
This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law
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Volume 4
Illicitly Obtained Evidence at the International Criminal Court
Petra Viebig
International Criminal Justice Series Volume 4
Series editors Gerhard Werle, Berlin, Germany Lovell Fernandez, Bellville, South Africa Moritz Vormbaum, Berlin, Germany
Series Information The International Criminal Justice Series aims to create a platform for publications in the whole field of international criminal justice. It, therefore, deals with issues relating, among others, to: – the work of international criminal courts and tribunals; – transitional justice approaches in different countries; – international anti-corruption and anti-money laundering initiatives; – the history of international criminal law. The series concentrates on themes pertinent to developing countries. It is p eer-reviewed and seeks to publish high-quality works emanating from excellent scholars, in particular from African countries. Editorial Office Prof. Dr. Gerhard Werle Humboldt-Universität zu Berlin Faculty of Law Unter den Linden 6, 10099 Berlin, Germany [email protected] [email protected] More information about this series at http://www.springer.com/series/13470
Petra Viebig
Illicitly Obtained Evidence at the International Criminal Court
13
Petra Viebig Public Prosecutor’s Office Staatsanwaltschaft Hamburg Hamburg Germany
ISSN 2352-6718 ISSN 2352-6726 (electronic) International Criminal Justice Series ISBN 978-94-6265-092-3 ISBN 978-94-6265-093-0 (eBook) DOI 10.1007/978-94-6265-093-0 Library of Congress Control Number: 2015951393 Published by t.m.c. asser press, The Hague, The Netherlands www.asserpress.nl Produced and distributed for t.m.c. asser press by Springer-Verlag Berlin Heidelberg © t.m.c. asser press and the author 2016 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Printed on acid-free paper Springer Science+Business Media B.V. Dordrecht is part of Springer Science+Business Media (www.springer.com)
Acknowledgments
The research for this book was conducted under the supervision of Prof. Dr. Werle of the Humboldt University, Berlin, and I first and foremost thank him for guiding me through the whole process, from the first draft to the present book. I would also like to thank Prof. Dr. René Blattmann, a former Judge at the International Criminal Court, who was so kind to take the time to discuss parts of this book and to provide his expertise. The
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