Context Matters

Abstract

In seven trials to date, the International Criminal Court (ICC) has relied on the expertise of historians, anthropologists and political scientists to provide historical and political context. Overview expert witnesses help the judges appreciate the evidence of charged crimes in a wider context of conflict and violence. In this article, I consider the fundamental purpose and factors militating in favour of engaging an overview expert. In addition, I first review and then reflect on the current use of overview expert evidence — as a subset of expert evidence — in ICC trials, to better understand its legal and practical utility in international crimes cases. I focus on four aspects: relevance in criminal proceedings, timing of engaging an expert, selection of experts and impact on the fairness of proceedings.