ABSTRACT

The chapter discusses the truth potential of international trials thematically under the headings of historical truth, forensic truth, narrative truth, and legal truth. During international criminal trials various aspects of truth-finding come together. Crucially, the truth-seeking function of the Court begins prior to the conduct of any trial, and includes a period of investigation, evidence-gathering and verification of charges. The question that arises is whether international criminal trials can function as an extension of states and fulfil their obligation since the states themselves, with their judicial system, are deemed not to be in a position to hold alleged perpetrators for crimes of such a magnitude to account. International criminal actions are relatively few in number, and since individuals are unable to initiate an action, they must simply hope that the circumstances of an action coincide with their own needs for truth.