Film evidence in war crimes trials: Two case studies

Abstract

The use of atrocity film evidence within international war crimes trials has been a controversial issue, in part, due to its conflict with the conventional common law rule against admitting hearsay evidence into trials and relative to "fair trial" norms. Such controversies are particularly evident in relation to the dramatic use of Nazi Concentration Camp at Nuremberg, which has been subjected to varied debate. To this end, much of this debate is centred on whether the screening of the atrocity film had a “prejudicial impact” or whether it was justified on the basis of “serving the interests of justice” and contributing towards a “fair trial.” This area merits a study to compare the problematic use of Nazi Concentration Camp at Nuremberg, with the use of atrocity film evidence at The Hague, within the Popovic et al trial, to identify whether any valid lessons have been learned and incorporated. By adopting a comparative approach between the atrocity films deployed, both within the world’s first and second war crimes tribunal, the learning experience of the International Criminal Tribunal for the former Yugoslavia is evident. This thesis will discuss whether - on the basis of the two case studies - such evidence may now have become "normalised" and if so what are its implications?