University of Miami International and Comparative Law Review Volume 28 Issue 2 Spring 2021 Article 3 5-21-2021 The Istanbul Convention’s Evidentiary Requirements in the Light of Laws on Self-Defence and Mitigating Criminal Responsibility Alexandra Molitorisová University of Bayreuth Ciarán Burke Friedrich Schiller University Follow this and additional works at: https://repository.law.miami.edu/umiclr Part of the Comparative and Foreign Law Commons Recommended Citation Alexandra Molitorisová and Ciarán Burke, The Istanbul Convention’s Evidentiary Requirements in the Light of Laws on Self-Defence and Mitigating Criminal Responsibility, 28 U. Miami Int’l & Comp. L. Rev. 209 (2021) Available at: https://repository.law.miami.edu/umiclr/vol28/iss2/3 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami International and Comparative Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact
[email protected]. THE ISTANBUL CONVENTION’S EVIDENTIARY REQUIREMENTS IN THE LIGHT OF LAWS ON SELF-DEFENCE AND MITIGATING CRIMINAL RESPONSIBILITY By Alexandra Molitorisová* and Ciarán Burke** ABSTRACT The article argues that the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), a comprehensive international treaty, may necessitate deep changes in its Parties’ domestic legal regimes, including reconceptualising laws on circumstances excluding or mitigating criminal responsibility and related evidentiary issues in domestic violence cases. The article first presents the theoretical underpinnings of a gendered understanding of violence and criminal laws.