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

"Witness Proofing" Before The ICC: Neither Legally Admissible Nor Necessary

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

In their jurisprudence, Pre-Trial Chamber (PTC) I and Trial Chamber (TC) I distinguish between familiarisation and proofing of witnesses. The essence of familiarisation is to make the witness generally familiar with the courts infrastructure and procedures in order to prevent him or her being totally taken by surprise or even re-victimised. Given the absence of an explicit provision in the relevant instruments, including international or supranational rules (Article 21 (1) (b)), the question arises whether a general principle of law within the meaning of Article 21 (1) (c) with regard to witness proofing exists. The most important legal difference with regard to the International Criminal Court (ICC) consists of the fact that the ad hoc Tribunals do not dispose of a general renvoi to the law outside their Statutes and Rules as provided for by Article 21 ICC Statute.

Keywords: ad hoc tribunals; International Criminal Court (ICC); Pre-Trial Chamber (PTC) I; Trial Chamber (TC) I



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:
    The Emerging Practice of the International Criminal Court — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation