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Witness Protection

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Chapter Summary

This chapter distinguishes between the internal dimension of witness protection, that is, questions related to the misconduct of mission personnel and its external dimension, meaning witness protection measures related to the prosecution of persons charged with war crimes, crimes against humanity or genocide. The first section illustrates the legal framework governing the prevention and/or prosecution of misconduct affecting the receiving state's population and address its impact on the protection of witnesses of such misconduct. The second section focus on states coming within the jurisdiction of an international or semi-international court or tribunal, in front of which witnesses might be asked to testify, and where a peace mission operates with the possibility of being called to support the adjudication of war crimes, crimes against humanity and genocide by way of protecting witnesses.

Keywords: crimes against humanity; genocide; internal dimension; jurisdiction; peace missions; preventive action; War Crimes; witness protection



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