The complexity of cases adjudicated by contemporary international criminal courts
and tribunals, such as the International Criminal Tribunal for the Former Yugoslavia,
the International Criminal Tribunal for Rwanda, the Special Court for Sierra
Leone and the International Criminal Court, requires reliance upon an unfathomable
amount of evidence, with expert evidence playing a significant role.
Establishing the guilt of an accused party in international criminal cases requires
the consideration of a broad swathe of evidence. While expert evidence is by nature
contextual, and therefore cannot be used in isolation in proving the guilt of an
accused party, it is of utmost importance in promoting the accuracy of decisionmaking
overall and for establishing contextual elements relating to war crimes,
crimes against humanity and genocide.
Expert evidence given before international criminal courts has included both
classic forensic enquiries and enquiries into the social, political and historical
contexts of conflicts. If properly managed, expert evidence can assist international
decision-makers—the judges—in their handling of international criminal trials by
bringing the level of case complexity down. For example, social, anthropological
and historical expertise can explain the dynamics of societies where conflicts occur.
This can provide decision-makers with a better understanding of the role and place
of the accused in the conflict.