Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Disclosure by the Defence

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

There is no blanket right for the Prosecution to see the witness statement of a Defence witness. Once a Defence witness has testified, it is for a Trial Chamber to ascertain the credibility of his or her testimony. It was noted that there exists a distinction between the obligation of the Prosecution and that of the Defence with regard to the disclosure of witness statements. The Prosecution?s disclosure obligations in the Rules and the Statute are more detailed and specific than for the Defence. Rule 67 (A)(ii) does not require the Defence to notify the Trial Chamber, in addition to the Prosecutor, of its intent to enter an alibi. Dealing with the admission status of a large amount of material during the course of witness testimony can create confusion and cause unnecessary difficulties in the proper management of the trial.

Keywords: alibi; Defence; Prosecution; Trial Chamber; witness statements



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Jurisprudence of the International Criminal Courts and the European Court of Human Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation