The Use of Forensic Evidences in Investigations and Prosecution in International Criminal Proceedings. Case Study of International Criminal Court (ICC)

Authors: Thierry MB* and Fred K

DOI: 10.23880/ijfsc-16000380

Volume 9, Issue 2

Abstract

From 1990s, a rising number of international and hybrid criminal tribunals and since 2002, the International Criminal Court have conducted various investigations on international crimes including crime against humanity, genocide and war crimes in various countries worldwide. These judicial organs have repeatedly relied upon witness’s testimonies, information and assistance from a wide variety of sources including governments, journalists, peacekeepers, human rights researchers and intelligence specialists and few forensic scientists, wherein some of these information and reports were driven by politics. Even though such information were very benefitting “there have also been many mishaps, misunderstandings in terms of differentiating information and evidence and missed opportunities in view of finding out the truth in way that information that could potentially have been of great use to criminal cases was lost or was collected or preserved in a manner that made it unusable at trial.” In today’s era, where there is a remarkable technological development in forensic science, it is time to use forensic methods in investigation of international crimes since a number of scientific and technological advances have improved the ability to document large-scale crimes with efficiency and precision. Yet, only in recent years have international criminal courts and other fact-finding institutions begun to embrace these innovations. There is a need of forensic science in investigating and prosecuting offenders of atrocities than traditional use of testimonies which are not easy to be relied on but still some legal and administrative issues still hinder the successful use of forensic evidences in investigating and prosecuting in international criminal proceedings. The present research focused on the practical use of forensic evidences like; pathology and DNA in exhumation of mass grave for determination of cause, manner and mechanism of death but to locate, excavate and exhume mass graves to produce forensic evidences of atrocities and to returning victims to loved ones and also discussed as tools for justice, humanitarian and documentation. The research also revealed the problems which are not only limited to the legal challenges of insufficiency of forensic evidence admissibility regulations and their maintenance of chain of custody, but also there are administrative issues like, lack of fund to be used during forensic investigation activities including, crime scene examination, collection of evidence and laboratoryexamination of forensic evidence and all these can lead to unnecessary complications and prolongation criminal proceedings in international criminal court hence breach of fair trial principle. Finally, the research proposed reforms by establishing specific regulations related to the admissibility of forensic evidences in international criminal proceedings and chain of custody of forensic evidences as well as harmonizing the standard operating procedure of forensic investigation to regulate scientific investigation activities including, Crime Scene Management, Evidence Collection, Examination of forensic evidences and forensic expert report writing in investigation and prosecution of international criminal proceeding and also detailed mandate to solve administrative issues.

Keywords: Forensic Evidence; Investigation and Prosecution; International Proceedings

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