Kurdish Studies

ISSN: 2051-4883 | e-ISSN: 2051-4891
Email: editor@kurdishstudies.net

Problems of Resorting to the Experts in International Criminal Courts

Amr Ezzat Elhaw
Police Science Academy-Sharjah, United Arab Emirates, Department of law and criminal sciences
Keywords: International experts- judicial function- scientific evidence- court's jurisdiction- litigation process..

Abstract

.The use of experts in international courts has a multitude of benefits. Nevertheless, it is crucial to recognize the possible concerns linked to this phenomenon. A significant issue arises over the possible inadvertent transfer of court responsibilities to these experts. Furthermore, it is possible that experts may take on the responsibility of providing evidence on behalf of the parties, which contradicts the established principles of evidentiary norms. The assessment of the authenticity and trustworthiness of scientific evidence provided by experts presents a considerable obstacle for courts throughout the adjudication process in international disputes. In some circumstances, courts may need the participation of experts to evaluate matters that go beyond their realm of knowledge, therefore surpassing the authority of the courts. The principal duty of experts in international courts is to engage in a rigorous evaluation of the scientific subject matter being examined and provide recommendations based on their specialized knowledge and thorough analysis. In order to minimize the potential for awarding excessive power during dispute resolution, it is advisable to refrain from expanding the present limitations of their work scope. This condition may arise in two distinct scenarios: In the first situation, the court tries to solicit the expertise of professionals in order to get elucidations of specific language used inside international agreements. The interpretation described above is the key aspect of the legal concept being examined in the current dispute, as well as in the succeeding case where the Court advertises expert viewpoints on subjects that clearly belong within its jurisdiction

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