Factual background:
On 17 March 2023, Pre-Trial Chamber II of the International Criminal Court (“ICC” or “the Court”) issued warrants of arrest for two individuals in the context of the situation in Ukraine: Mr Vladimir Vladimirovich Putin and Ms Maria Alekseyevna Lvova-Belova. Both are held responsible, inter alia, for the war crime of unlawful deportation of population (children) and that of unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation. For more information see: https://www.icc-cpi.int/news/situation-ukraine-icc-judges-issue-arrest-warrants-against-vladimir-vladimirovich-putin-andLinks to an external site.
Hypothetical situation:
Suppose the two accused are brought to the Hague and the proceedings start. The Office of the Prosecution brings up the following two videos as supplementary evidence:
https://news.sky.com/video/rescued-ukrainian-children-paraded-at-huge-rally-in-moscow-12817521Links to an external site.
https://www.youtube.com/watch?v=uWeybbD6u6QLinks to an external site.
Question:
Would the videos be admissible as evidence, based on the Leiden guidelines as discussed in class? Compare in your answer two stages in the procedure: (a) the confirmation of charges; (b) the trial itself.
The essay will be assessed on the basis of the following criteria:
Substance: does the essay capture the most important legal criteria and standards to be applied? (40%)
Application: are the guidelines applied convincingly to the case? (40%)
Structure, formulation and referencing (20%)