Ethics and the Law: Journalists and International Criminal Tribunals (part 2)

LONDON – Can journalists give evidence at international criminal trials without compromising their objectivity? What is the probative value of journalistic evidence? What does it feel like to be cross-examined by Slobodan Milošević?

These were some of the questions discussed at the event Ethics and the Law: Journalists and International Criminal Tribunals hosted on 25 October at London’s Frontline Club. The fourth of a series of events on “Ethics and the News”, the panel discussion was organised by the Ethical Journalism Network and Global Rights Compliance, and chaired by Channel 4 Head of News and Current Affairs Dorothy Byrne.

In part 1 of this post, we described how journalists recounted their experience of testifying at high-profile international criminal trials. At the same event, legal practitioners also gave their thoughts on the role of journalists in such trials.

The lawyers’ view

The next speaker is the Rt Hon. Lord Justice Adrian Fulford, who was elected to serve as a judge before the ICC for a term of 9 years. Tapping into his wealth of experience, Sir Adrian acknowledges the shortcomings of international justice: trials are too lengthy, trials are too costly, not enough cases are brought before the ICC. The current system of international criminal trials, he says, is an intimidating slow-moving machine, something akin to “a Gilbert & Sullivan operetto” taking place in large surroundings, and could benefit from more imaginative ways of giving evidence to make the process less intimidating for witnesses. It is increasingly difficult to get people to testify, Sir Adrien says, but journalists tend to make good witnesses, as the essence of their role is to bear witness to events.

Wayne Jordash QC, of Global Rights Compliance, is more ambivalent: to him, journalistic evidence does not have any heightened probative value. While Jordash emphasizes the role of journalists as watchdogs as crucial (perhaps now more than ever), and agrees that photo and video evidence is critical, he suggests that journalists’ additional testimony does not have a huge bearing on a case. However, journalism is crucial in another, often ignored way: in pushing the information out and catching society’s attention. Through their reporting on human rights violations in the news, war journalists help keep human rights violations in the news cycle – this, Jordash says, helps mount and maintain support, which can in turn lead to better funding to combat such violations.

Continue reading

Write On!: Proof in International Criminal Trials

bangorFrom 27-28 June 2014, Bangor Law School and the Bangor Centre for International Law will host a conference on proof in international criminal trials, kindly funded by the British Academy. Here is the conference abstract:

“There is now an impressive body of literature on the precise scope, context and application of evidentiary rules in international criminal trials. However, the issues surrounding proof and reasoning on evidence in international criminal law have remained relatively under-examined to date. By bringing together judges, practitioners and leading scholars on evidence, international criminal procedure and analytical methods, this conference will comprehensively address issues related to proof in international criminal proceedings. These issues include, inter alia, the means by which inferences are drawn, how reasoning on findings of fact is articulated in judgments, and how witness credibility is assessed. Participants will analyse some of the challenges of fact-finding in the complex context of international criminal trials, which often involve large masses of evidence and hundreds of witnesses.”

Confirmed speakers include:
• Professor Terence Anderson, University of Miami;
• Professor Nancy Combs, College of William and Mary School of Law;
• Judge Teresa Doherty, Residual Special Court for Sierra Leone;
• Professor John Jackson, University of Nottingham;
• Dr Mark Klamberg, University of Uppsala;
• Dr Yassin M’Boge, Leicester University;
• Dr Yvonne McDermott, Bangor University;
• Professor Paul Roberts, University of Nottingham;
• Professor William Twining, University College London.

There are still a limited number of places available for those who would like to present a paper at the conference. Please contact y.mcdermott@bangor.ac.uk for further information.