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  • Admisibility of Ilegal Evidence ICJ

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    Luis Pedro Arango Morales
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    The document examines the issue of whether illegally obtained evidence should be admissible in international adjudication. It discusses the different approaches taken by national courts and international tribunals. While most national courts exclude such evidence, international tribunals have taken a more flexible approach and considered admitting it if it is relevant and its admission would not compromise the tribunal's integrity. The author argues that international tribunals should have discretion to admit illegally obtained evidence if it is reliable and exclusion would undermine the tribunal's function of establishing the truth.

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    The document examines the issue of whether illegally obtained evidence should be admissible in international adjudication. It discusses the different approaches taken by national courts and international tribunals. While most national courts exclude such evidence, international tribunals have taken a more flexible approach and considered admitting it if it is relevant and its admission would not compromise the tribunal's integrity. The author argues that international tribunals should have discretion to admit illegally obtained evidence if it is reliable and exclusion would undermine the tribunal's function of establishing the truth.

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    © All Rights Reserved
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    8 views21 pages

    Admisibility of Ilegal Evidence ICJ

    Uploaded by

    Luis Pedro Arango Morales
    The document examines the issue of whether illegally obtained evidence should be admissible in international adjudication. It discusses the different approaches taken by national courts and international tribunals. While most national courts exclude such evidence, international tribunals have taken a more flexible approach and considered admitting it if it is relevant and its admission would not compromise the tribunal's integrity. The author argues that international tribunals should have discretion to admit illegally obtained evidence if it is reliable and exclusion would undermine the tribunal's function of establishing the truth.

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    of 21

    Dilemma or Chimera?

    --Admissibility of Illegally Obtained Evidence in International


    Adjudication
    Author(s): Hugh Thirlway
    Source: The American Journal of International Law , Jul., 1984, Vol. 78, No. 3 (Jul.,
    1984), pp. 622-641
    Published by: Cambridge University Press

    Stable URL: http://www.jstor.com/stable/2202600

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