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Genocide as a fact of common knowledge

Genocide as a fact of common knowledge
Genocide as a fact of common knowledge
Judicial notice has become a widely used tool in the practice of international criminal tribunals but its use has always been constrained by the fair trial rights of the accused. This article considers the possible impact on those rights of the decision of the International Criminal Tribunal for Rwanda (ICTR) Appeals Chamber to take judicial notice of the genocide in Rwanda as a notorious fact against the backdrop of the legal requirements for judicial notice as a fact of common knowledge and as an adjudicated fact. The question whether it would have been more appropriate to notice the Rwandan genocide as an adjudicated fact is addressed in the context of the implications for other instances of genocide, for example Srebrenica.
0020-5893
885-898
Jørgensen, Nina
0fed4805-c315-414c-a10a-b292248f0193
Jørgensen, Nina
0fed4805-c315-414c-a10a-b292248f0193

Jørgensen, Nina (2007) Genocide as a fact of common knowledge. International and Comparative Law Quarterly, 56 (04), 885-898. (doi:10.1093/iclq/lei205).

Record type: Article

Abstract

Judicial notice has become a widely used tool in the practice of international criminal tribunals but its use has always been constrained by the fair trial rights of the accused. This article considers the possible impact on those rights of the decision of the International Criminal Tribunal for Rwanda (ICTR) Appeals Chamber to take judicial notice of the genocide in Rwanda as a notorious fact against the backdrop of the legal requirements for judicial notice as a fact of common knowledge and as an adjudicated fact. The question whether it would have been more appropriate to notice the Rwandan genocide as an adjudicated fact is addressed in the context of the implications for other instances of genocide, for example Srebrenica.

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Published date: 1 October 2007

Identifiers

Local EPrints ID: 428557
URI: http://eprints.soton.ac.uk/id/eprint/428557
ISSN: 0020-5893
PURE UUID: 82d3e692-1e45-48a0-b777-90eb9db97a61
ORCID for Nina Jørgensen: ORCID iD orcid.org/0000-0003-3499-8289

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Date deposited: 01 Mar 2019 17:30
Last modified: 16 Mar 2024 04:39

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