Reflections on the Symptoms of Humanitarian Principles in the Investigations – A Study on Admissibility of Electronic Evidences

Abstract

The establishment of the International Criminal Tribunal’s postWorld War II is the clear sign of augmented figure of International Crimes especially. The culmination of flagship tribunals like Yugoslavia and Rwanda opened the new phase for several significant questions such as the maintenance of humanitarian principles throughout the investigation, relevancy of evidence, authenticity, and overall mechanism and its legality too. The chances of an independent investigation mechanism for international crimes may also not be denied. Under such a state of affairs, the issues of collection, preservation, and scrutiny of the evidence of the most serious International Crimes and violations of normative principles set out by International Criminal Law becomes crucial to know to ensure fair and transparent justice. Indeed, the investigation procedure required for such fairness and transparency demands unequivocal maintenance of humanitarian principles throughout the process and legality for the sake of legal authority behind. Consequently, the present paper counts the impact of the investigation mechanism on criminal for international crimes and the existence of the symptoms of humanitarian principles with its legality by analyzing several International Instruments, Judicial Decisions, and other fact findings on the record.