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2. The Right to Self-Representation in International and Domestic Criminal Law - Limitations and Qualifications on the Right

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Chapter Summary

The protection and treatment of witnesses, particularly victim-witnesses, has been one of the greatest challenges that has faced the ICTY. This chapter focuses of the discussion on the development of witness protection and assistance to witnesses (particularly victim-witnesses) at the ICTY. It reviews the various categories of witnesses and the assistance and support with which they are provided. The chapter examines the legal framework for witness protection as well as the policy implications that arise regarding such protection. It discusses other non-judicial matters, principally international relocation as well as specific problems encountered in the countries of the former Yugoslavia. The chapter considers the implications arising from cases that are to be transferred from the ICTY to courts in the region, pursuant to the Completion Strategy. The act of testifying may be a difficult and intimidating experience for witnesses appearing before the ICTY.

Keywords: Completion Strategy; ICTY; non-judicial matters; witness protection



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