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Disclosure in the ICC Proceedings

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Chapter Summary

As soon as the Prosecution has identified an item of potentially exculpatory material, the Prosecution shall: (i) disclose it to the Defence; (ii) bring to the attention of the Chamber any delay in disclosure caused by the procedure under Article 54 (3)(e), 72 or 93; or (iii) request an exception to the disclosure requirement under Rule 81. Defence is not entitled to full access to the entire Prosecution file of the investigation prior to the confirmation hearing. Article 68 of the International Criminal Court( ICC) Statute and Rule 81 (4) provide for non-disclosure of identity as a plausible protective measure for Prosecution and Defence witnesses at the confirmation hearing. In principle, the Prosecutor at the confirmation hearing may rely on unredacted parts of witness statements and other documents that contain redactions pursuant to Rule 81 (2) of the ICC Rules.

Keywords: confirmation hearing; Defence; International Criminal Court( ICC); Prosecution; witness statements



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