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Prosecution disclosure obligations in the ICC and relevant jurisprudence of the Ad Hoc Tribunals

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Chapter Summary

It is the role of the Trial Chamber to enforce the disclosure obligation in the interests of a fair trial, and to ensure that the rights of the accused to have adequate time and facilities for the preparation of his or her defence and to examine, or have examined, the witnesses against him or her, are respected. To comply with its disclosure obligations, the Prosecution must be aware of what information and evidence has been collected by the OTP. The ICC provisions on disclosure, like most of the other procedural provisions, were mostly borrowed from the ICTY Rules of Procedure and Evidence (ICTY Rules). Most of the provisions on disclosure in the Australian draft rules replicated relevant provisions of the ICTY Rules at that time. Accordingly, the relevant jurisprudence of the ICTY, ICTR and SCSL (ad hoc Tribunals) that have similar Rules, is undoubtedly applicable to the ICC.

Keywords: ad hoc Tribunals; ICC Rules; ICTY Rules; prosecution disclosure obligations



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