3 Burden of Proof, Standard of Proof and Evaluation of Evidence

Abstract

This chapter deals initially with fundamental concepts and approaches in evidence law. It presents questions of burden of proof, standard of proof and evaluation of evidence. Based on the findings in the chapter the following three general principles of law may be identified. First, the presumption of innocence is a general principle of law based on the Statutes, RPEs and judicial practice of the historical tribunals, ad hoc tribunals, the MICT, the internationalized courts and the ICC, human rights standards and common standards derived from national law. Secondly, the rules of procedure and evidence of the ad hoc tribunals do not expressly prescribe the burden of proof on any party in the proceedings. Finally, the Trial Chamber Kunarac et al. also stated that the beyond reasonable doubt standard followed from a rule which also embodies a general principle of law.Keywords:ad hoc tribunals; evaluation of evidence; human rights standards; internationalized courts; Standard of Proof; Trial Chamber