Review article

https://doi.org/10.31141/zrpfs.2023.60.147.237

The Exclusionary Rule and Human Rights Protection in Criminal Proceedings Before the International Criminal Court

Lejla Zilić-Čurić orcid.org/0000-0002-4887-9187 ; Pravni fakultet Univerziteta u Zenici

Abstract

The exclusionary rule in criminal proceedings is a point of confrontation between human rights
and the principle of material truth. Precisely because of this, the issue of the admissibility of illegally
obtained evidence is one of the most complex issues in criminal proceedings. Many outstanding
issues in the jurisprudence of the International Criminal Court regarding the assessment and use
of unlawful evidence make this topic relevant in scientific and professional discourse. This paper
primarily provides a critical analysis of applicable law and court practice regarding the exclusionary
rule in criminal proceedings before the International Criminal Court. Through this analysis, research
examines whether the broad judicial discretion in the process of assessing and using illegal evidence
leaves room for arbitrariness and inconsistency in court practice. Ultimately, the intention of
research is to examine whether the application of the exclusionary rule achieves the objectives of
criminal proceedings, as well as to examine the repercussions of this rule on suspects’ or accused
persons’ enjoyment of human rights.

Keywords

exclusionary rule; protection of Human Rights; international criminal procedural law; International Criminal Court; right to a fair trial

Hrčak ID:

296648

URI

https://hrcak.srce.hr/296648

Publication date:

28.3.2023.

Article data in other languages: bosnian

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