Established Facts in an 'Age of Misinformation' A Contemporary Approach to Judicial Notice in International Criminal Law

J. Trifunovic*

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review

Abstract

The contemporary significance of the doctrine of judicial notice has been overlooked. As a means of proving fact without hearing evidence, judicial notice has remained relevant vis-a-vis international criminal justice's crucial objective of trial expediency. However, today's fragmented information landscape demands a revision of the doctrine's traditional understanding. This article presents a legal expressivist reading of the key judicial notice decision in Karemera and explores the epistemic potential of judicial notice in an 'age of misinformation'. It argues that the act of establishing facts of 'common knowledge' inevitably elicits dialogue between international criminal tribunals and their relevant audiences. Accordingly, judicial notice is cautiously presented as a promising legal principle that, beyond judicial economy and factual uniformity, may serve a third policy consideration related to broader goals of international criminal justice.
Original languageEnglish
Pages (from-to)251-270
Number of pages20
JournalJournal of International Criminal Justice
Volume20
Issue number1
Early online date11 Mar 2022
DOIs
Publication statusPublished - 23 Jun 2022

Keywords

  • INFORMATION
  • JUSTICE

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