The Proliferation of Forensic Sciences and Evidence before International Criminal Tribunals from a Defence Perspective

Abstract

The advent of forensic sciences at international criminal tribunals provokes scientific challenges, while confronting the judges and trial attorneys at the same time with the limitations of forensic sciences in international trials. This article discerns some of these challenges and limitations, which are pertinent to defence counsel, with a focus on the practice and jurisprudence of the International Criminal Court. It demonstrates that forensic evidence can have an impact on the probative value of the evidence, also at the level of international criminal tribunals. Adequate knowledge of the basics of forensic sciences and the principles which underpin this discipline can enable defence counsel to elicit potential exculpatory information at trial. For instance, certain new forensic techniques such as probabilistic genotyping can be quite persuasive to determine guilt or innocence. This article formulates practical recommendations for defence counsel operating at the International Criminal Court in approaching forensic evidence.