Forensic mapping in a civil proceeding in South Africa

This paper discusses the application of forensic cartography in a civil arbitration case. This arbitration case stemmed from a hijacking of a freight of cigarettes on the 9th of May 2012. Forensic cartography in the form of a report was used to illustrate that the driver of a third-party logistics company was complicit with the crime syndicate that committed the hijacking. Cell phone data was used to map the communication between the various suspects and the driver. The time period of interest was between 15 December 2011 and 9 May 2012. The cellular base stations were used to map these communications in time and space. Based on the evidence provided it was clear that the driver of the third-party logistics company was complicit in committing the crime which led to the arbitration proceedings to be settled by the third-party logistics company in favour of the cigarette manufacturer. Further, it was concluded that the cartographic representation selection for forensic purposes is dictated by the specific case being investigated.

The Concept of an Improper Defendant in a Civil Proceeding and theConditions Under Which it can be Replaced

The article analyzes the concept of an inappropriate defendant in a civil process, and the conditions for their replacement, its features, approaches expressed in the legal literature on this issue, as well as the legislative experience of foreign countries. As a result of the analysis, proposals were made to improve the national legislation defining the concept of an inappropriate defendant in civil proceedings and the procedure for their replacement..

Documents and other Materials as Written Evidence in a Civil Proceeding

In this article, the author analyzes written evidence as a type of evidence in a civil process; draws the attention of readers to the uncertainty of understanding of written evidence, discusses the legal nature of individual evidence, which can be attributed to written.

The Institution of Trial in Absentia in View of the Procedural Economy Principle

Trial in absentia is a civil proceeding providing a specific procedure for cases in the absence of the defendant. For almost 25 years trials in absentia have been considered a means of speeding up the consideration of a case both in Russian legal practice and in the scientific community. The analysis of the problems arising in the practice of civil procedure law is carried out in this article. It relates to the operating principle of procedural economy in case of trials in absentia.

Das Gebot der zivilprozessualen Waffengleichheit

In German law, the concept of ‘equality of arms’ in civil proceedings is widely accepted. Yet, its scope of application is still vague and in need of further clarification. While the basic idea that both parties to a civil proceeding should be able to fight each other with equal means and that every party should have the opportunity to present their case to the court in circumstances which do not place them at a substantial disadvantage vis-à-vis the opposing party seems to be common sense, the general definition offers a broad spectrum of possible interpretations with regard to various details. The paper discusses the meaning of the equality of arms principle in Germany.

Electronic document flow as evidence in civil proceeding: evaluation features and application problems

Due to the development of information technologies, electronic document flow is actively becoming a part of modern life, and the activity of courts is not an exception. Electronic documents are increasingly considered by courts as evidence in civil cases. Judicial practice faces certain problems when evaluating such evidence due to the insufficiency of legal regulation of such kind of evidence. The article examines the theoretical and practical aspects of the existence of an electronic document as a type of written evidence, attempts to reveal the essence of an electronic document, define its features as compared to a traditional written document, and analyzes the approaches to the definition of the concept of ‘electronic document’, which have developed in Russian legal science. The analysis of the practice in the application of an electronic document as evidence with regard to relevance, admissibility and adequacy is carried out. Certain problems which judges have to face when using an electronic document as evidence have been identified. The authors’ understanding of an electronic document is submitted, the framework of problems and gaps under current civil procedure legislation is defined, and methods of solution are proposed. The need to define an independent type of evidence – electronic evidence is substantiated, with it further being enshrined in the Civil Procedural Code of the Russian Federation, as well as to formalize in legislation the concept of an ‘electronic information medium’.

No Longer Turning a Blind Eye to International Atrocities: Reframing Foreign Officials’ Functional Immunity as a Breach of States' International Legal Obligations to Effectively Prohibit Derogations from Peremptory Norms

On January 29, 2020, an Israeli air strike proved fatal, taking the lives of an entire family, a twelve-year-old child the youngest among them. The airstrike was carried out as part of Israel's military operation, Operation Protective Edge, in the Gaza Strip, and despite the deaths of numerous civilians, the State of Israel alleged that the strike was committed in pursuance of official duties. Ismail Zeyada, whose mother, brothers, sister-in-law, and nephew all perished in the airstrike, initiated a civil suit in the Netherlands against the two former Israeli military officials involved. In a devastating blow to the victims and their families, the District Court of the Hague dismissed the civil proceeding brought against the former Israeli officers. The Court cited the doctrine of functional immunity as the basis for this decision. The functional immunity, or immunity ratione materiae, of these officials bars the prosecution of them in any state besides Israel, absent a waiver by the Israeli government. As such, the victims of the airstrike, an act that might amount to a war crime, is not one for which victims are being offered redress. Although domestic prosecution of the case before Israeli courts is theoretically possible and is not precluded by the District Court of the Hague's dismissal, domestic prosecution is neither likely to occur nor likely to result in fair redress for the victims of this atrocity. This is not the justice these victims deserve. And it is not the justice that international law assures them.