Admissibility of unlawfully obtained evidence: legal implications for international dispute resolution

Abstract

No universal legal norms for admitting unlawfully obtained evidence exist, but clearer guidelines in the question are needed. Legal principles like good faith and fair trial are important, and a balance must exist between the illegal act and the party using the evidence in court. Evidence obtained illegally is not automatically inadmissible, and legal and policy elements can guide tribunals in determining its admissibility. International dispute resolution mechanisms generally allow admitting all evidence, including hacked evidence. Judges and prosecutors must adhere to four principles: establish facts, deter unlawful conduct, respect individual rights, and maintain public confidence.