Medical Evidence at the International Criminal Court – Dosage and Contraindications

Abstract

One of the aims of criminal justice is to qualify the criminal conduct and determine the guilt or innocence of the accused. International criminal justice is no exception. Yet, due to the scale of the crimes perpetrated, the time that has usually elapsed between the crimes and the trials, the particular trauma suffered by victims and witnesses, collecting reliable evidence to prove what happened and determine who was responsible is particularly difficult. Although heavily relied upon in international criminal justice, witness evidence is not always accurate: memory can be imprecise and witnesses may be subject to fear, threats or corruption. In this context, scientific evidence – including medical evidence – may prove a sound means of establishing the perpetration of the crimes, of corroborating witness evidence and of assigning individual criminal responsibility. Notwithstanding certain constraints, medical evidence has played a significant role in international criminal justice, in particular before the International Criminal Court. This contribution proposes to critically review the use of medical evidence in international criminal proceedings, both by exposing its inherent limits and by presenting its potential as a useful – even if not indispensable – evidentiary tool.