37 Colum. J. Transnat'l L. 725 (1998-1999)
Trends in International Criminal Evidence: Nuremberg, Tokyo, The Hague, and Arusha

handle is hein.journals/cjtl37 and id is 733 raw text is: Trends in International Criminal Evidence:
Nuremberg, Tokyo, The Hague, and Arusha
RICHARD MAY AND MARIEKE WIERDA*
Some of the factors which have gone toward preserving
fairness and equality between the parties in international
criminal tribunals are as follows: the standard of proof
beyond reasonable doubt, the weighing of evidence, and the
development of transparent and consistent rules in the
treatment of evidence. Another safeguard is to be found in
the issuing of detailed, reasoned judgments. These factors
were present in the early trials and have been preserved in
the modern trials. The modern cases, however, have
benefitted from developments in international human rights
law and have developed their procedures in the disclosure
and presentation of evidence accordingly. The post-World
War II trials were criticized for constituting victors'
justice, as the judges all came from the victor nations
whereas the accused were allfrom the defeated nations. Any
impartial study of the Nurenberg trials would, in the light of
each record, impress the reviewer with the judicial fairness
with which the evidence was treated; the rigid adherence to
the requirement of proof beyond reasonable doubt. The
purpose of this paper, however, is not to draw conclusions on
the fairness of the historic trials as opposed to the modern
trials, but to say that in relation to the rules of evidence the
Tribunals established by the Security Council are in a
position to build on the work started in the post-World War
II trials.
I.  INTRODUCTION .................................... 727
]I. RULES OF EVIDENCE IN THE POST-WORLD WAR I
TRIBUNALS ........................................ 729
* Judge and Associate Legal Officer respectively, of the International Criminal Tribunal
for the Former Yugoslavia (hereinafter ICTY). The views expressed herein are those of the
authors and do not represent the views of the ICTY or the United Nations. The authors wish to
thank Judge Antonio Cassese, Presiding Judge of Trial Chamber II and former President of the
ICTY (for providing research materials and valuable guidance), and Professor Jonathan Bush
for generously providing many materials.

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