INTERNATIONAL CRIMINAL LAW
International criminal law is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression. This article also discusses crimes against international law, which may not be part of the body of international criminal law.
"Classical" international law governs the relationships, rights, and responsibilities of states. Criminal law generally deals with prohibitions addressed to individuals, and penal sanctions for violation of those prohibition imposed by individual states. International criminal law comprises elements of both in that although its sources are those of international law, its consequences are penal sanctions imposed on individuals.
International Criminal Law Series (ICA-Press)
International criminal law is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression. “Classical” international law governs the relationships, rights, and responsibilities of states. Criminal law generally deals with prohibitions addressed to individuals, and penal sanctions for violation of those prohibition imposed by individual states. International criminal law comprises elements of both in that although its sources are those of international law, its consequences are penal sanctions imposed on individuals. Some precedents in international criminal law can be found in the time before World War I. However, it was only after the war that a truly international crime tribunal was envisaged to try perpetrators of crimes committed in this period.
After the beginning of the war in Bosnia, the United Nations Security Council established the International Criminal Tribunal for the Former Yugoslavia (ICTY) in 1993 and, after the genocide in Rwanda, the International Criminal Tribunal for Rwanda in 1994. The International Law Commission had commenced preparatory work for the establishment of a permanent International Criminal Court in 1993; in 1998, at a diplomatic conference in Rome, the Rome Statute establishing the ICC was signed. The ICC issued its first arrest warrants in 2005.
In this series separate books illustrate different aspects of International Criminal Law. Each volume starts with an introduction to the related subject and contains the most important documents, jurisprudence and other information related to that subject.
1. War Crimes and international criminal law
ISBN: 978-90-5887-021-6 (Hardcover)
ISBN: 978-90-5887-077-3 (Softcover)
2. Genocide and international criminal law
ISBN: 978-90-5887-022-3 (Hardcover)
ISBN: 978-90-5887-078-0 (Softcover)
3. Aggression and international criminal law
ISBN: 978-90-5887-079-7 (Hardcover)
ISBN: 978-90-5887-080-3 (Softcover)
4. Crimes against Humanity and international criminal law
ISBN: 978-90-5887-081-0 (Hardcover)
ISBN: 978-90-5887-082-7 (Softcover)
5. The rights of parties and international criminal law
ISBN: 978-90-5887-083-4 (Hardcover)
ISBN: 978-90-5887-084-1 (Softcover)
6. The Ad Hoc tribunals and the International Criminal Court
ISBN: 978-90-5887-085-8 (Hardcover)
7. Rape and International Criminal Law
ISBN: 978-90-5887-161-0 (hardcover)
ISBN: 978-90-5887-111-4 (softcover)
8. Terrorism and International Criminal Law
ISBN: 978-90-5587-168-8 (hardcover)
ISBN: 978-90-5887-167-1 (softcover)
9. The Mental Element in International Criminal Law
ISBN: 978-90-5587-189-3 (hardcover)
ISBN: 978-90-5887-188-6 (softcover)
11. MICT the Mechanism for International Criminal Tribunals and International Criminal Law
ISBN: 978-90-5887-295-1 (Softcover)
12. Philosophy and Theory and international criminal law
ISBN: 978-90-5887-298-2 (Softcover)
13. Preliminary Examination and international criminal law; The practice of preliminary examination: realities and constraints, case studies or situation analysis; part 1
ISBN: 978-90-5887-300-2 (Hardcover)
ISBN: 978-90-5887-301-9 (Softcover)
14. Preliminary Examination and international criminal law; The practice of preliminary examination: case studies or situation analysis; part 2
ISBN: 978-90-5887-302-6 (Hardcover)
ISBN: 978-90-5887-303-3 (Softcover)
15. Preliminary Examination and international criminal law; The normative framework of preliminary examination
ISBN: 978-90-5887-307-1 (Hardcover)
16. Preliminary Examination and international criminal law; Thematic preliminary examination
ISBN: 978-90-5887-309-5 (hardcover)
ISBN: 978-90-5887-311-8 (softcover)
17. Prosecution of International Sex Crimes and International Criminal Law
ISBN: 978-90-5887-312-5 (hardcover)
ISBN: 978-90-5887-313-3 (softcover)
18. Historical facts of International Criminal Law; part 1
ISBN: 978-90-5887-314-9 (hardcover)
ISBN: 978-90-5887-315-6 (softcover)
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International Criminal Court Collection
This publication acknowledges the International Criminal Court as one of the most important international legal institutes that carry out universal standards concerning human rights. It provides the reader with a broad range of vital legal information for those interested in the history, background, cases, trials and legal proceedings of the International Criminal Court. The International Criminal Court (ICC) is an independent, permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. The United Nations called for the establishment of an international court a half-century ago, and many tribunals — including the one in Nuremberg after World War II — were to become the predecessors of the ICC. This is one of the most important human rights developments since establishment of the United Nations itself. Having a uniform approach to prosecuting crimes against humanity means that there is greater potential to ensure equal justice for all and consistency in how international law is applied. Representatives of 139 countries approved the Court`s creation, showing there is agreement among a growing majority of nations on how to go after the Pol Pots of the world.
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De uitvoering van de internationale verplichting tot strafbaarheidstelling en vervolging van internationale misdrijven
Pages: 120 pages
Shipping Weight: 250 gram
ISBN (softcover) : 9789058503800
Aanleiding voor het schrijven van dit boek zijn de recente uitspraken tegen Nederlanders zoals Van Anraat en Van Kouwenhoven maar ook tegen bijvoorbeeld twee Afghaanse asielzoekers. Ondanks deze veroordelingen is het aantal zaken waarin verdachten van internationale misdrijven voor de Nederlandse rechter komen gering. Sinds 2002 zijn er vijf zaken voor de rechter gekomen waarin de verdachte is gedagvaard voor internationale misdrijven als strafbaar gesteld in het Statuut van Rome van het Internationaal Strafhof. Het aantal verdachten van deze misdrijven zou aanzienlijk hoger moeten zijn. Immers alleen door de Immigratie en Naturalisatie Dienst (IND) waren er eind 2004 al 769 dossiers naar het Openbaar Ministerie gestuurd over asielzoekers die er van werden verdachtoorlogsmisdaden te hebben gepleegd.
Dit boek is opgesplitst in twee delen. Het eerste deel gaat over de strafbaarstelling van internationale misdrijven. Het tweede deel gaat over de vervolging van internationale misdrijven. In het eerste deel wordt bekeken of de Nederlandse staat voldoet aan zijn internationaleverplichtingen op het gebied van strafrecht betreffende de strafbaarstellingvan internationale misdrijven.
Eerst wordt gekeken welke internationale verplichtingen Nederland heeft tot de strafbaarstelling van internationale misdrijven. Vervolgens zal worden ingegaan op de jus cogens status van de verschillende misdrijven en de implicaties die dit met zich brengt. Daarna zal de doorwerking van het internationale recht in de nationale rechtsorde aan bod komen en of de verschillende bronnen al dan niet op gelijke wijze resulteren in dezelfde rechtsverplichtingen. Na deze paragraaf zullen de bronnen van internationale verplichtingen op het gebied van het strafrecht geanalyseerd worden. Tenslotte wordt het Nederlandse recht bekeken om te bezien of de internationale verplichtingen op het gebiedvan het strafrecht in Nederland zijn doorgevoerd. Hier staat de vraag centraal of de internationale misdrijven, waarvoor Nederland een verplichting tot strafbaarstellingheeft aanvaard, zijn opgenomen in de Nederlandse wet.
In het tweede deel wordt ingegaan op de Nederlandse staat en zijn internationale verplichtingen op het gebied van strafrecht betreffende de vervolging van internationale misdrijven. Eerst wordt uiteen gezet welke internationale verplichtingenNederland heeft op het gebied van de vervolging van internationale misdrijven.Vervolgens wordt ingegaan op verschillende beginselen die van invloedzijn op de vervolging. Tenslotte wordt geanalyseerd of de Nederlandse staat (het Openbaar Ministerie) (OM)voldoet aan de internationale verplichtingen met betrekking tot de vervolgingvan internationale misdrijven.
De misdrijven die in dit boekaan bod komen zijn: agressie, genocide, misdaden tegen de menselijkheid, oorlogsmisdaden,slavernij en foltering. Deze selectie is gemaakt op basis van hungemeenschappelijkheid in het schenden van mensenrechten, zoals het recht opleven. Deze selectie (beperking) is van belang om dieper in te kunnen gaan ophet onderwerp.
Shipping Weight: 600 gram
ISBN (softcover) : 9789058871190
The Commission for Reception, Truth and Reconciliation in East Timor (more commonly known by its Portuguese acronym CAVR: Comissão de Acolhimento, Verdade e Reconciliação de Timor Leste) was an independent truth commission established in East Timor in 2001 under the UN Transitional Administration in East Timor (UNTAET) and charged to "inquire into human rights violations committed on all sides, between April 1974 and October 1999, and facilitate community reconciliation with justice for those who committed less serious offenses." The Commission delivered its 2,500-page report entitled Chega meaning "stop" or "enough" in Portuguese, covering human rights violations from 1974 to 1999, to the President of East Timor on 31 October 2005. The President then handed the report to the Secretary General of the UN as required by law, on 20 January 2006.
In this work an overview of the work of the Commission is presented. It is the first of more books devoted to Truth and Reconcilliation Commissions around the world.
Facts and materials
Shipping Weight: 900 gram
ISBN (softcover) : 9789058871176
A truth commission or truth and reconciliation commission is a commission tasked with discovering and revealing past wrongdoing by a government (or, depending on the circumstances, non-state actors also), in the hope of resolving conflict left from the past. They are, under various names, occasionally set up by states emerging from periods of internal unrest, civil war, or dictatorship. South Africa’s Truth and Reconciliation Commission, established by President Nelson Mandela after apartheid, is popularly considered a model of Truth Commissions.
This work examines all the TRC’s in the world and provides for background materials on their efforts to bring peace and security in the countries involved.
ISBN: 978-90-5887-116-9 (Hardcover)
ISBN: 978-90-5887-117-6 (Softcover)
E. van Heugten (ed.)
Pages: 280 pages
Shipping Weight: 450 gram
ISBN (softcover) : 9789058871312
The U.S.-appointed Iraqi Governing Council approved a statute establishing the Iraqi Special Tribunal for Crimes Against Humanity on December 10, 2003. The Coalition Provisional Authority and the Iraqi Governing Council were replaced by the Iraqi Interim Government on June 28, 2004. Following the Iraqi Transitional National Assembly election on January 30, 2005, the Iraqi Transitional Government was established on May 3, 2005. On August 11, 2005, the Iraqi Transitional National Assembly adopted a new Statute of the Iraqi Special Tribunal, which changed its name to “Higher Criminal Court” and brought its practices more into line with the rest of the Iraqi judicial system. The Iraqi Special Tribunal is designed to prosecute those accused of crimes against humanity, war crimes and genocide in Iraq between July 17, 1968, when Saddam Hussein’s Bath Party seized power, and May 1, 2003, when President Bush declared that major combat operations in Iraq were over. The court also has the authority to try several lesser crimes, including the squandering of public funds and attempts to manipulate the judiciary.
Saddam Hussein, both in life and death one of the most controversial prominent leaders of the Arab world. Fiercely loved and hated, his name will be remembered for
“Camp Cropper”, along with 11 other senior Baathist leaders, were handed over legally (though not physically) to the interim Iraqi government to stand trial for crimes against humanity and other offences. A few weeks later, he was charged by the Iraqi Special Tribunal with crimes committed against residents of Dujail in 1982, following
centuries in the history of mankind. His legacy is two‐fold; there are ones that still admire his achievements and leadership with respect, honor and loyalty. However for most others, his legacy symbolizes fear, tyranny and hypocrisy.
On 30 June 2004, Saddam Hussein, held in custody by U.S. forces at the U.S. basea failed assassination attempt against him. Specific charges included the murder of 148 people, torture of women and children and the illegal arrest of 399 others. On 5 November 2006, Saddam Hussein was found guilty of crimes against humanity and sentenced to death by hanging. The verdict and sentencing was appealed but subsequently affirmed by Iraq’s Supreme Court of Appeals. On 30 December 2006, Saddam was hanged.
This book illustrates the work of the tribunal and presentes the cases brought before the court.
Pages: 90 pages
Shipping Weight: 350 gram
ISBN (softcover) : 9789058507273
This book examines the sentencing practices of the ICTY and ICTR, comparing their normative guidelines and jurisprudence to answer the following questions:
1. Is there enough consistency in sentencing to substantiate the emergence of a guideline through jurisprudence?
2. What elements should contribute to the structure of a universal sentencing guideline?
3. What penological goals should be met through sentencing?
The answers to these questions will be discussed in the context of an emerging criminology specific to international criminal law, taking into account the difference in the mentality of perpetrators of mass atrocity at the level of planning versus the level of commission. The goals of punishment will be discussed at both of these levels, evaluating their effectiveness in aiding the justice process after mass atrocity. Sentencing procedures will also be evaluated against the core mandate of the tribunal as well as against the recognized purposes of punishment. Is sentencing practice consistent with these goals and purposes? The answer to this question may also speak to the impact of a future sentencing guideline. Chapter 1 aims to identify the major obstacles that now prevent consistent sentencing through a guideline. Chapter 2 examines the normative standards and jurisprudence in the ad hoc tribunals and the ICC, comparatively analyzing factors that influence the length of a sentence. Chapter 3 examines the relevance of the mens rea of perpetrators to achieving purposive sentencing. Chapter 4 reevaluates the purpose of sentencing and punishment in light of the mental element of the perpetrator. The final section suggests reforms that will allow sentencing to accomplish meaningful goals. International prosecution is increasingly recognized as an imperative process for dealing with atrocious crime. Yet there can seemingly be no adequate punishment for such horrific acts. For crime that “explodes the limits of the law” it thus becomes equally imperative that a guide exists to temper judicial discretion and to focus punishment in a way that will ultimately contribute to sustainable peace and justice.
Shipping Weight: 600 gram
ISBN (softcover) : 9789058870926
Torture cannot be defined by a list of prohibited practices. Human rights treaties define it in a number of different ways, reflecting the different contexts in which they were drafted and the purposes of each particular treaty.
It is impossible to draw a clear dividing line between "torture" and other "cruel, inhuman or degrading treatment or punishment". Both torture and ill treatment are probihited in all circumstances by international law.
In times of international armed conflict, ill treatment (described as "inhuman treatment`and "willfully causing great suffering or serious injury to body or health" in the Geneva Conventions) is prohibited and criminalized as grave breaches of the Geneva Conventions. These grave breaches are also incorporated in the jurisdiction of the Yugoslavia Tribunal and of the International Criminal Court. The Rome Statute of the International Criminal Courts prohibits torture when it constitutes genocide, a crime against humanity or a war crime.
This book examines case-law on torture as a main issue on Trail. ICTY, ICTR, SCSL and ICC regulations and jurisprudence are being discussed.
Shipping Weight: 800 gram
ISBN (softcover) : 9789058871152
International criminal law has developed extraordinarily quickly over the last decade, with the creation of ad hoc tribunals in the former Yugoslavia and Rwanda, and the establishment of a permanent International Criminal Court.
This collection provides a timely and comprehensive survey of emerging and existing areas of international criminal law.
The collection features documents, papers and comments by a range of international and leading experts in the field. It contains reflections on the theoretical aspects and contemporary debates in international criminal law.
The collection is divided into three parts:
- History and institutional aspects related to International Criminal Law (work of the tribunals, history of crime, warfare)
- The Crimes (Genocide, Crimes against Humanity etc.).
- Practical issues related to International Criminal Law. Tools for prosecutors, lawyers and others working in this field of law.
Of course extensive bibliographical information on the subjects is being provided.
Providing easy access to up-to-date information covering all key aspects of international criminal law, this collection is an essential reference work for students, scholars and practitioners working in the field.
ISBN: 978-90-5887-115-2 (Softcover)
Pages: 650 pages
Shipping Weight: 850 gram
ISBN (hardcover) : 9789058870933
ISBN (softcover) : 9789058870940
The International Criminal Law series provides an overview of the most relevant documents and regulation in this area of law.
Pages: 495 pages
Shipping Weight: 1500 gram
ISBN (softcover) : 9789058506962
On the eve of 21.12.1988 an American civil aircraft Boeing 747-121 was on its way from Frankfurt via London towards New York at flight level 310 (31000 feet), when it suddenly and violently blew up into several fragments. The plane, or rather pieces of it, were scattered on the ground around the Scottish city of Lockerbie, Scotland, one large part of the plane crashed directly onto residential buildings in the city. No aircraft disaster in history has produced the amount of legal wrangling as the bombing of Pan Am flight 103, which killed 259 passengers and crew members and 11 people on the ground. After extensive investigation, two Libyans were accused of the bombings, Abdelbaset Ali Mohmed Al Megrahi and Lamin Fhimah. Eventually Megrahi was convicted of murder and sentenced to life imprisonment on 31 January 2001. However, after having rejected his first appeal against conviction in March 2002, his second appeal against conviction will take place in 2009.
This collection provides a in-depth research of the Lockerbie trial, which is famous for its legal struggles and novelties in international law.
Volume I – ISBN 9789058506962 (2009)
Volume II – ISBN 9789058506702 (2009)
Volume III - ISBN 9789058504982 (2010)
Pages: 271 pages
Shipping Weight: 500 gram
ISBN (softcover) : 9789058500403
This CD mirrors a recent dynamic in international criminal law. After the adoption of the Rome Statute for a permanent International Criminal Court in July 1998, countries are adjusting their penal legislation to contain Genocide, Crimes against Humanity and War Crimes. Also, attempts were undertaken to incorporate into domestic law the `general principles of criminal law` as contained in the Rome Statute.
Eleven domestic legislative projects are on this CD. They intend to incorporate international crimes and general principles of criminal law according to the definitions contained in Parts II and III of the Rome Statute. It is remarkable that already less than five years after the adoption of the Rome Statute, common and civil law States from four different continents have engaged in such incorporation efforts:
Common Law: Australia, Canada, New Zealand and the United Kingdom.
Civil Law: the Kingdom of Belgium, Brazil, the Democratic Republic of Congo, Finland, Germany, the Kingdom of The Netherlands and Switzerland.
Children as actor and victim of crime
D. de Ruiter (ed.)
Pages: 322 pages
Shipping Weight: 650 gram
ISBN (softcover) : 9789058870902
The use of children as soldiers has been universally condemned as abhorrent and unacceptable. Yet, over the last decade hundreds of thousands of children have fought and died in conflict around the world.
Children involved in armed conflict are frequently killed or injured during combat or while carrying out other tasks. They are forced to engage in hazardous activities such as laying mines or explosives, as well as using weapons. Child soldiers are usually forced to live under harsh conditions with insufficient food and little or no access to healthcare. They are almost always treated brutally, subjected to beatings and humiliating treatment. Punishments for mistakes or desertion are often extremely severe. Girl soldiers are particularly at risk of being raped, sexually harrassed or abused, as well as being involved in combat and other tasks.
Children van be actors in wars when they become soldiers to fight for a party and at the same time children will be the biggest victims of these wars.
This book provides the reader with legal developments and actions being taken by the international community. The book includes a concise introduction to the topic and the complete texts of various legal instruments including UN security council resolutions.
M.P.W. Brouwers (ed.)
Pages: 253 pages
Shipping Weight: 550 gram
ISBN (softcover) : 9789058870506
International criminal tribunals have been entrusted with the judicial powers to hold natural persons individually criminally responsible, for the most serious international crimes, like genocide, crimes against humanity and other war crimes. Yet these international tribunals are limited in their investigative powers, and thus not capable of trying every single individual who took part in these international crimes. As a result, the international tribunals will have a strong focus on the ‘superiors’ of organized groups of individuals, like the military. This is where ‘the law of command responsibility’ will play a crucial role, as a legal tool for the international tribunals, to impose criminal liability on superiors, for the crimes of their subordinates.
Under international humanitarian law superiors will have a duty to ensure that their subordinates will comply with the rules of international humanitarian law in armed conflicts. Superiors will have this duty because of their position of command over, and their influence on, their subordinates.
Pages: 182 pages
Shipping Weight: 450 gram
ISBN (softcover) : 9789462403482
When should a superior be held responsible for the crimes of his subordinates?
Power and Responsibility are to be seen as a continuum, with one flowing along the other. What often emerges is the idea of a power which, pretending to do well, has in it the seeds of “evil”. An “evil” restrained, but always ready to manifest in exceptional moments, as a surplus of sovereignty. Thus, having power can compel a person to abridge the limits of morality and infringe upon the rights of others. Therefore, a leader, under the “intoxication” of power, could refuse to respect the rights of others, and become irresponsible and unaccountable. Moving along the same idea, responsibility without power becomes meaningless. Unless a person has been entrusted an adequate amount of power, the responsibility entrusted cannot be performed. Thus, power and responsibility require the support of each other in every walk of life.
Power and Responsibility: that is where Command Responsibility comes from.
Sexual Violence Against Child Soldiers An Analysis of the Development of International Criminal and Humanitarian Law
Sexual Violence Against Child Soldiers An Analysis of the Development of International Criminal and Humanitarian Law
Chiun Min Saeh
Jurisprudence of the ICTY and ICTR
Pages: 170 pages
Shipping Weight: 510 gram
ISBN (hardcover) : 9789058500861
This book provides a comprehensive guide to the jurisprudence of the ad hoc Criminal Tribunals for the Former Yugoslavia and Rwanda (ICTY and ICTR) on such important procedural issues as indictment, disclosure, admissibility and presentation of evidence.
The book contains a digest of the relevant decisions, orders and judgements (Decisions) of the ad hoc Tribunals. The digest comprises decisions through June 2004.
The book also includes actual decisions which are organised topically on the CD-ROM. Most of the decisions on the CD-ROM are in electronically searchable format. The digest together with the collections of the actual decisions will assist practitioners and researchers in studying the jurisprudence of the ad hoc Tribunals. This jurisprudence reflects the current state of developing international criminal law. It will inevitably influence approaches of international courts, including the International Criminal Court (ICC) and "hybrid" tribunals, as well as national courts. The views expressed in this book are those of the author and do not necessarily reflect the views of the United Nations.
Pages: 669 pages
Shipping Weight: 1200 gram
ISBN (hardcover) : 9789058501578
This book provides a comprehensive guide to the jurisprudence of the criminal tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) and the SpecialCourt for Sierra Leone (SCSL) on procedural and evidential matters, such as the charging document (indictment),disclosure, access to, admissibility and presentation of evidence, legal assistance of counsel, provisional release, etc.
The book contains a digest of relevant decisions, orders and judgements of the ICTY, ICTR and the Special Court.The CD-ROM which accompanies this book includes the decisions themselves, which are organised topically on it. Most of the decisions on the CD-ROM are in electronically searchable format. Thebook also includes relevant provisions from the Statutes and Rules of Procedure and Evidence of the Tribunals and the International CriminalCourt (ICC).
The Jurisprudence of the ICTY, ICTR, and SCSL (including CD-ROM)
Pages: 400 pages
Shipping Weight: 850 gram
ISBN (hardcover) : 9789058501134
This book provides a comprehensive guide to the jurisprudence of the criminaltribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) on several important procedural issues: the charging document (indictment), disclosure, access to evidence, admissibility and presentation of evidence, and legal assistance of counsel.
The book contains a digest of the relevant decisions, orders and judgements (which are collectively referred to as “decisions”) of the ICTY, ICTR and theSpecial Court (hereinafter ad hoc Tribunals) through December 2004.
The CD-ROM which accompanies this book includes the decisions themselves, which are organised topically on the CD-ROM. Most of the decisions on the CD-ROM are in electronically searchable format. The digest, together with the collections of the decisions, will assist practitioners and researchers in studying the jurisprudence of the Tribunals.
This jurisprudence reflects the current state of international criminal law. It will inevitably influence approaches of international courts, including theInternational Criminal Court (ICC) and “hybrid” tribunals, as well as national courts. The author also published another book in this series Indictment, disclosure, admissibility of evidence.