value.79 In contrast, in addition to weighing the information’s probative value, many national criminal courts also predefine the types of information that they admit as evidence in court, which can be found in their domestic penal codes. Notwithstanding to what end the information will ultimately serve, it is important to always ensure that the information is of the highest possible probative value. Source and Context There are two ways in which unofficial investigators can become the custodian of documentary information: • By collecting the document themselves, becoming its first custodian; or • By receiving the document from another person. Whenever anyone receives or collects information, they should make an account of it using one of the chain of custody forms in the Appendix to this Handbook, or something similar. Hard copy documents will be of little to no value to official criminal investigators if a court cannot determine the source and context of the document. Investigators should try to answer the following questions whenever they receive a hard copy document: • What documentation did they receive? Make an accurate description of all materials collected, and pay particular attention to the appearance of the items and their quantity, size, weight or other key attributes such as color and dimensions. This will aid investigators in determining the source of the documents. • When and where was the documentation produced? • Who produced the document(s)? • Who collected the document(s)? If handed the document by another person, what is the name of this other person? When and how did they come into possession of it? What official position did the person hold at the time, if any? • What motivated the provider to give the information? 80 79 See for example: The Rules of Procedure and Evidence rule 89 (the International Criminal Tribunal for the former Yugoslavia, 2009), available at http://www.icty.org/x/file/Legal%20Library/Rules_procedure_evidence/IT032_Rev43_en.pdf; The Rules of Procedure and Evidence rule 72 (the International Criminal Court, 2002), available at http://www.icccpi.int/en_menus/icc/legal%20texts%20and%20tools/official%20journal/Documents/RPE.4th.ENG.08Feb1 200.pdf. 80 Marie Nystedt (Ed.), Christian Axboe Nielsen, Jann F. Kleffner, A Handbook On Assisting International Criminal Investigations, THE FOLKE BERNADOTTE ACADEMY, 57 (2011), available at 62