The Admission of New Prosecutorial Evidence in International Criminal Retrials: An Assessment of the Exclusionary Rule in Stanišić and Simatović.

This article examines the conduct of the first full retrial in international criminal law, specifically the Stanišić and Simatović case before the International Residual Mechanism for Criminal Tribunals (IRMCT). It focuses on the Trial Chamber's adoption of an exclusionary rule that limits the prosecution's ability to introduce new evidence in retrials, permitting such evidence only under exceptional circumstances. The article argues that this exclusionary rule was a valid exercise of judicial discretion consistent with the IRMCT Statute, Rules of Procedure and Evidence, and the Appeals Chamber's order, and that it serves to protect the fairness and expeditiousness of retrials by mitigating prejudice against the defence. It further suggests that this approach provides a useful framework for managing new prosecutorial evidence in future international criminal retrials, balancing the need for truth-seeking with fair trial rights and resource constraints.