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Chapter Summary

This chapter describes the origins of Rule 54bis, analyses its potential limitations, and strives to partially compensate for the possible stultification of what would otherwise be the normal progression of a judge-made, practically-applied rule of procedure and evidence. It investigates the legal origins of the concept of the protection of national security interests in three key common law jurisdictions. The chapter examines the origins and development of the concept in the law of the International Tribunal. It is accurate that "domestic judicial views or approaches should be handled with the greatest caution at the international level, lest one should fail to make due allowance for the unique characteristics of international criminal proceedings". ICTY's approach to the protection of States' national security interests marks a "controversial step" in international law, an approach not necessarily the same as that followed by other judicial entities.

Keywords: common law jurisdictions; ICTY; international criminal proceedings; international law; national security interests; Rule 54bis



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