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

Variation of the Lists of Witnesses and Exhibits

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

The overall rationale for the filing before the commencement of the trial certain documents including a list of witnesses that the Prosecution intends to call in order to prove its case is to afford the Defence sufficient time to prepare their defence as well as to ensure an orderly and expeditious trial. Leave under Rule 73 bis (E) is required to call any witness who was not on the original Prosecution list. Disclosure of witness statements cannot be interpreted to mean that the concerned witnesses are to be called by the disclosing party. A Trial Chamber may order a party to specify from its witness list a list of ?core? witnesses and a list of ?back-up? witnesses. A Defence objection to withdrawal of witnesses from the Prosecution?s list on the basis that the Defence sees those witnesses as essential to establishing the truth is not justified.

Keywords: Defence; Prosecution; Rule 73 bis (E); Trial Chamber; witnesses



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