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On The Evidence Of The Arrest Warrants Issued By Article 58 Of The Rome Statute - "There Are Reasonable Reasons To Believe"

Posted on:2016-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:W RuanFull Text:PDF
GTID:2176330452968602Subject:International law
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Evidentiary threshold standard of issuing warrant of arrest set out in Article58ofRoman Statute--reasonable ground to believe,also called “reasonable suspicion”, it meansthere is fact or information to support that a objective observer will believe the suspectmay commit a crime.It originates from practices of domestic and international law. Indomestic law,the standard of issuing warrant of arrest is different in different countries.InICTY practices,“reasonable ground” means there is fact and circumstance that anynormal and reasonable person will have reason to believe that,the suspect may commit acrime.In ICTR practices,it means Prosecutor has convincing and consistency evidences toprove the suspect had attended the crime under jurisdiction of the court.In internationalcriminal procedures,evidentiary threshold standard of issuing warrant of arrest is verydifferent from that of initiation of an investigation, confirmation of the charges andconviction of crimes.It is much higher standard than that of initiation of aninvestigation,but much lower that confirmation of the charges and conviction of crimes.
Keywords/Search Tags:evidentiary threshold, warrant of arrest, standard of warrant of arrest, confirmation of the charges, conviction of crimes
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