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WikiLeaks and Beyond. Discerning an International Standard for the Admissibility of Illegally Obtained Evidence

In this article, Cherie Blair CBE, QC and Ema Vidak Gojkovic analyse the common elements which are often taken into account when deciding admissibility of illegally obtained evidence. It proposes a three-step approach to evaluating evidence that should assist tribunals to reach decisions which are both justifiable and aligned, to the extent possible, with the reasoning expressed in previous international cases.