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Anonymous Witnesses Before The International Criminal Court: Due Process In Dire Straits

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Chapter Summary

Due process rights can be found in both national constitutions and in all major human rights treaties. Some of the key elements of the right to due process are: the presumption of innocence, the right to an expeditious trial, the equality of arms, the independence and impartiality of the judges, the right to counsel or the right to present witnesses on ones own behalf and to cross-examine the other sides witnesses. This chapter shows that the International Criminal Court (ICC) should refrain from permitting the use of anonymous witnesses. It sets out the basic concept of the fair trial guarantee before ICC. The judges at the ICC have a number of systematic and teleological arguments at their disposal to argue in favour or against the permissibility of anonymous witnesses. The chapter ends by highlighting the consequences arising out of due process breaches.

Keywords: anonymous witnesses; due process; fair trial guarantee; International Criminal Court (ICC)



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