Evidentiary Aspects of an International Anti-Corruption Court

Abstract

Combatting transnational economic crime, including bribery and money laundering, is a concern of the international community. Today, although a number of international treaties address the issue, enforcement of the laws against corruption still builds on individual states with national criminal laws, procedures, prosecutors and courts. International cooperation is based on mutual legal assistance in criminal matters. A future International Anti-Corruption Court (IACC) drawing at least in some respects from the experience of the International Criminal Court (ICC) might help to overcome impunity of powerful corrupt officials, and to hold companies responsible if they are involved in corruption. States Parties to an IACC Statute would be expected to fully cooperate with the Court. Such cooperation would include the service of documentary evidence that is particularly important in economic crime investigations. As the example of cooperation between Switzerland and the ICC shows, it would be a more effective way of international cooperation than traditional mutual legal assistance between states. This is possible because States Parties to the ICC (and a future IACC) in principle agree not to invoke sovereignty arguments towards the international institution that they co-carry. An IACC should be enabled to admit stolen financial and legal records as evidence, as they have emerged in the context of the Panama, Paradise and Pandora Papers leaks. However, the Court must ensure fairness of the proceedings and the right of parties to challenge the admissibility of evidence.