Abstract
This article examines the practice of fact-finding at the ICTR, with a particular focus on inferential reasoning. With reference to a number of recent judgments where findings of fact were disputed on appeal, the author argues that the ICTR’s Trial Chambers would benefit from a clearer elucidation of the basis of their judgments on circumstantial evidence. It is recalled that convictions based on such evidence may only be entered where a conclusion of guilt is ‘the only reasonable inference’ that can be drawn. However, the author shows that there is a largely hidden or under-explained layer of ‘intermediate inferences’ that lie between evidence and ultimate conclusions. He argues that both Trial and Appeals Chambers would benefit from a more explicit recognition of these intermediate inferences in their judgments.
Article PDF
Similar content being viewed by others
Avoid common mistakes on your manuscript.
Author information
Authors and Affiliations
Corresponding author
Additional information
Oliver Windridge is a British lawyer specializing in international criminal and human rights law. He currently serves as an Associate Legal Officer in the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia. Prior to his time at the ICTY, between 2009 and 2014 he served as an Associate Legal Officer in the Trial and Appeals Chambers of the International Criminal Tribunal for Rwanda. The author would like to thank the reviewers of this article for their valuable comments and Yvonne McDermott for her organization and encouragement. The views expressed herein are those of the author and do not necessarily reflect the views of the ICTY, United Nations or any other organization affiliated to the author. E.mail: oliver.windridge@googlemail.com
Rights and permissions
About this article
Cite this article
Windridge, O. Assessing circumstantial evidence and inference at the ICTR. Crim Law Forum 26, 403–418 (2015). https://doi.org/10.1007/s10609-015-9264-1
Published:
Issue Date:
DOI: https://doi.org/10.1007/s10609-015-9264-1