In January 2013 Trial Chamber V of the International Criminal Court (ICC) in the cases of Samuel Ruto, Francis Muthaura and Uhuru Kenyatta, collectively known as the 'Kenya decisions', made a marked departure from the firm prohibition on 'witness proofing' declared by Pre-Trial and Trial Chamber I in the Lubanga decisions. This reversal illustrates the polarisation of an issue that has caused considerable controversy in the international legal community and demonstrates the challenges faced by the court in navigating such a controversy. While the practice may be viewed as a fault-line between two different procedural cultures, forever destined to be subject to debate, this article explores an alternative view. The article examines the reasons for the turnaround at the ICC and proposes an approach based on 'principled pragmatism'. In doing so, it considers whether witness preparation is becoming regarded as a necessary part of the practice of the ICC.
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