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ICRC Privilege in Canada
Resource type
Authors/contributors
- Brannagan, Craig (Author)
- Waters, Christopher (Author)
Title
ICRC Privilege in Canada
Abstract
This article explores whether the International Committee of the Red Cross (ICRC) enjoys testimonial privilege before Canadian courts. The authors argue that there is strong evidence to suggest that customary international law requires that the ICRC be granted a privilege not to testify or disclose confidential information in domestic court proceedings. Such a privilege, they argue, is entailed by the ICRC’s mandate to engage in international humanitarian law protection activities using confidential means. Given that customary international law forms part of the common law in Canada, the authors argue that this privilege should be recognized by Canadian courts despite its potentially uneasy fit with traditional Canadian evidence law.
Genre
SSRN Scholarly Paper
Archive ID
2849479
Place
Rochester, NY
Date
2016-07-01
Accessed
9/11/23, 12:27 AM
Language
en
Library Catalog
Social Science Research Network
Citation
Brannagan, C., & Waters, C. (2016). ICRC Privilege in Canada (SSRN Scholarly Paper 2849479). https://papers.ssrn.com/abstract=2849479
Author / Editor
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