{"title":"Evidence Illegally Obtained by Private Investigators and Its Use Before International Criminal Tribunals","authors":"A. Heinze","doi":"10.1525/NCLR.2021.24.2.212","DOIUrl":null,"url":null,"abstract":"This article examines the rationales to exclude evidence before International Criminal Tribunals that has been illegally obtained by private investigators. The appeal of private investigations has now reached the level of international criminal justice, with the establishment of the Commission for International Justice and Accountability. Investigative staff at the International Criminal Court and other International Criminal Tribunals are dependent on the work undertaken in the field by human rights monitors as fact finders, employed by IGOs, NGOs, and, in some cases, by governmental agencies. Considering the importance of private investigators for the administration of those Tribunals, potential dangers of such a cooperation easily take a backseat in a car that is driven by the anti-impunity agenda. Scenarios of investigators offering money to witnesses in return for information about a suspect and his or her criminal activities are a reality. While case law has addressed the topic of illegally obtained evidence by national authorities, the fate of evidence collected by private individuals in breach of human rights has rather been neglected. This article provides a conceptual basis for the exclusion or admission of this evidence.","PeriodicalId":44796,"journal":{"name":"New Criminal Law Review","volume":null,"pages":null},"PeriodicalIF":0.4000,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"New Criminal Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1525/NCLR.2021.24.2.212","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 1
Abstract
This article examines the rationales to exclude evidence before International Criminal Tribunals that has been illegally obtained by private investigators. The appeal of private investigations has now reached the level of international criminal justice, with the establishment of the Commission for International Justice and Accountability. Investigative staff at the International Criminal Court and other International Criminal Tribunals are dependent on the work undertaken in the field by human rights monitors as fact finders, employed by IGOs, NGOs, and, in some cases, by governmental agencies. Considering the importance of private investigators for the administration of those Tribunals, potential dangers of such a cooperation easily take a backseat in a car that is driven by the anti-impunity agenda. Scenarios of investigators offering money to witnesses in return for information about a suspect and his or her criminal activities are a reality. While case law has addressed the topic of illegally obtained evidence by national authorities, the fate of evidence collected by private individuals in breach of human rights has rather been neglected. This article provides a conceptual basis for the exclusion or admission of this evidence.
期刊介绍:
Focused on examinations of crime and punishment in domestic, transnational, and international contexts, New Criminal Law Review provides timely, innovative commentary and in-depth scholarly analyses on a wide range of criminal law topics. The journal encourages a variety of methodological and theoretical approaches and is a crucial resource for criminal law professionals in both academia and the criminal justice system. The journal publishes thematic forum sections and special issues, full-length peer-reviewed articles, book reviews, and occasional correspondence.