Regina v. Lama: Lessons Learned in Preparing a Universal Jurisdiction Case

Drawing on private enjoy, this practice observe sets out classes found out by way of two practitioners who have been worried in bringing the case within the uk towards kumar lama under prevalent jurisdiction. The authors start by means of starting up a few guidance on strategic concerns in bringing a normal jurisdiction case, each in terms of fighting impunity in the us of a of beginning and at the worldwide level. In addition they encompass mind on the usage of the final results (which in this situation become an acquittal). The practice word unpacks the potential legal and realistic pitfalls worried. For the duration of, the authors highlight the need to keep the complainants and witnesses’ interests at the centre of lawsuits, and well known how tough that is throughout extensively different criminal systems and cultures. On the coronary heart of the paintings they become aware of a tension between human rights documentation ideas and evidentiary policies applicable in any criminal prosecution. The exercise be aware sets out how that applies to testimonial and documentary proof, and stresses the fee of and inherent risk in the usage of contemporaneous evidence. Within the absence of get admission to to the u . S . A . Of beginning by means of the prosecuting government (as become the case here), the exercise be aware stresses the significance of building a group to do documentation with the information of its capability use as evidence in time-honored jurisdiction, ensuring a certain stage of professionalism, and really importantly making sure that confidentiality is assured.