Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Validity of Testimony of Witnesses in International Criminal Courts

Document Type : Original Article

Authors
1 Ph.D Student, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2 Assitant Professor, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author)
3 Professor, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
10.22034/jccj.2022.357792.1084
Abstract
The testimony of witnesses has always been considered as one of the most important evidences to prove claims and accusations in various criminal systems. In this research, with an emphasis on criminal matters and with a descriptive-analytical method, a comparative study of the validity of testimony in international criminal courts and jurisprudence has been done. The findings of the research show that from the point of view of jurisprudence, testimony is informing a right that is expressed confirmly and its validity is not dependent on the persuasion of the judge. Regarding the international criminal courts, despite the weak role of testimony as a proof of accusation in the Nuremberg and Tokyo courts as the first generation courts, with the passage of time and the formation of the second generation international criminal courts such as the former Yugoslavia, Rwanda, Sierra Leone and finally with the ratification of the Rome Statute and the formation of the International Criminal Court, we see the increasing status of witness testimony as a proof of accusation in criminal proceedings, which can be seen mainly in the form of special protection measures for witnesses as important criminal actors.
Keywords

Volume 2, Issue 3
Autumn 2022
Pages 39-44

  • Receive Date 20 July 2022
  • Revise Date 17 August 2022
  • Accept Date 03 September 2022
  • Publish Date 23 September 2022