Probative value

Notion(s) Filing Case
Appeal Judgement - 30.01.2015 POPOVIĆ et al.
(IT-05-88-A)

90. […] “[T]he probative value of a document may be assessed differently in different cases, depending on the circumstances”.[1] […]

[1]           Simba Appeal Judgement, para. 132. See Bizimungu Appeal Judgement, para. 210.

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Appeal Judgement - 29.09.2014 KAREMERA & NGIRUMPATSE
(ICTR-98-44-A)

597.   […] The Appeals Chamber has confirmed that a trial chamber has the discretion to admit any relevant evidence which it deems to have probative value, even where it is not possible to convict an accused on such evidence due to lack of notice.[1]

[1] Arsène Shalom Ntahobali and Pauline Nyiramasuhuko v. The Prosecutor, Case No. ICTR-97-21-AR73, Decision on the Appeals by Pauline Nyiramasuhuko and Arsène Shalom Ntahobali on the “Decision on Defence Urgent Motion to Declare Parts of the Evidence of Witnesses RV and QBZ inadmissible”, 2 July 2004, paras. 14-16.

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Decision on Exclusion of Evidence - 19.12.2003 BAGOSORA et al. (Military I)
(ICTR-98-41-AR93 & ICTR-98-41-AR93.2)

17.     […] [T]he Prosecutor alleges that the Trial Chamber erred by compartmentalizing its analysis of probative value. The Appeals Chamber affirms that the correct approach is to assess the aggregate probative value of the particular evidence against its aggregate prejudicial effect. […]. 

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Decision on Additional Evidence - 30.06.2005 GALIĆ Stanislav
(IT-98-29-A)

95.     The Appeals Chamber recalls, with regards to credibility, that it will refuse to admit evidence only if it is so lacking in terms of credibility and reliability that it is devoid of any probative value in relation to a decision pursuant to Rule 115.[1] […]

[1] Prosecutor v. Ntagerura et al., Case No. ICTR-99-46-A, Decision on Prosecution Motion for Admission of Additional Evidence, 10 December 2004, para. 22; Prosecutor v. Emmanuel Ndindabahizi, Case No. ICTR-01-71-A, Decision on the Admission of Additional Evidence, 14 April 2005, p. 7.

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ICTR Rule Rule 115 ICTY Rule Rule 115