International Crimes and Case Demarcation: What Are We Trying to Prove?

Abstract

Cases involving international crimes are difficult to demarcate. Who did what to whom, when and where exactly? War crimes, crimes against humanity and genocide generally occur on a massive scale over a prolonged period of time involving many different perpetrators at various levels of command and resulting in copious amounts of victims. This often leads to vague indictments and confusion of different types of facts and evidence. Since the indictment is the core document providing notice to the accused, it is of paramount importance to ensure charges are specific, and material facts, upon which the case’s outcome depends critically, are distinguished from subsidiary facts and background information. This article addresses these issues of vague charges and evidentiary imprecision from new angles, being mindful of the fact that the accused’s right to know the case against him or her embodies the essence of a fair trial: the right to defend oneself.

Keywords: international crimes, case demarcation, indictment, specificity of charges, material facts, subsidiary facts, evidence