When is illegally obtained evidence admissible

See United States v. Bonnell, F. Koch, Jr. However, in Padilla v. Janis, U. Pahkala, N. See generally, Marjorie A. Nigro, Jr. Ohio, U. In companion cases, Camara v. Municipal Court, U. Ahmadou Sadio Diallo Republic of Guinea v. Rwanda , Jurisdiction and Admissibility, Judgment, I.

Legality of Use of Force Yugoslavia v. The U. Although the Court appointed independent experts to corroborate many of the factual claims, in its questions to the experts, it specifically requested them to determine whether the mines that struck the two vessels were of the same type as the two mines obtained during the unlawful mission, thereby proving that the mines causing the explosion could not have been floating mines as Albania claimed.

See also Wolfrum, supra note 6, at A minority opinion in the debate was that the ICJ has, by holding that the minesweeping mission violated international law and was not justified by its purpose to secure evidence, established a rule on inadmissibility of illegally obtained evidence. The unconvincing argument finds that Corfu Channel both establishes a rule of inadmissibility, and against the background that the evidence was still admitted in this case, represents an exception to the rule at the same time.

Speech by H. France , Judgment, I. Border and Transborder Armed Actions Nicaragua v. Honduras , Jurisdiction and Admissibility, Judgment, I. Methanex Corporation v. Moura Vicente ed. Putting International Courts and Jurisdictions into Perspective , EDF Services Limited v.

James H. William T. Manning , 78 M. In the arbitrations between Yukos shareholders and Russia, the tribunal relied on WikiLeaks documents, but did not address the question of admissibility of such evidence at all. Ayyash et al. ConocoPhillips Petrozuata B. ConocoPhillips v. Venezuela , Interim Decision dated 17 January , p. R on the application of Bancoult No. For an earlier case related to this discussion, see Rose v.

The King : The case is an example of a situation in which the party using the evidence, here the Canadian government, was not the one to unlawfully seize it. The court ultimately deemed the evidence documents from the Soviet embassy admissible, but not by addressing the question of unlawful acquisition of evidence and rather by rejecting that the documents from diplomatic premises enjoyed inviolability because the Soviet government never claimed such privilege for them.

William W. The King. Lillie S. Kling v. Rijavec, T. The relevant provisions are: Australia Art. Cynthia Lee, L. United States , U. Ohio , U. City of N. Taelman ed. Christa M. Constitution of Greece , amended , Art. Brunner, D. Gasser and I. Schwander eds. Reference Works. Primary source collections. Open Access Content.

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Online Publication Date: 26 Aug Abstract 70 years ago, the International Court of Justice decided its first and potentially most important case involving unlawfully obtained evidence.

Keywords: evidence in international law ; illegally obtained evidence ; admissibility of evidence ; discovery in international adjudication ; leaks.

Uganda , that it will identify the documents relied on and make its own clear assessment of their weight, reliability and value. Sign up. Key contacts Rebecca Williams. Simon Jennings. Luke Denton. Keep in touch. Looking for someone?

Generic filters Hidden label. Hidden label. It objected to the admission of evidence obtained through the allegedly illegal interception of telephone conversations.

The Decision.