Victim and Witness Measures of the International Criminal Court: A Comparative Analysis

Abstract

Th e protections of victims and witnesses have evolved from the inception of the ICTY and continue through to the creation of the ICC. Th e ICTY set the benchmark on victim and witness protection through reliance on varying national court systems as well as on international standards. Th e ICTY's approach has been followed by the ICTR and the SCSL, though each tribunal made important advances in victim and witness protection.Today, ICC continues to follow the lead of the other tribunals. Although it is still unknown how well the ICC will protect victims and witnesses, if the Rules of Procedure and Evidence are any indication, the ICC will provide proper protection measures for victims and witnesses in the international tribunal arena.After comparing the diff erent victim and witness measures implemented by the ICC to similar measures of the other Tribunals, as well as various national court systems, it is apparent that the ICC has developed extensive victim and witness measures that mirror those established by the other tribunals. Understanding both the benefi ts as well as possible shortcomings of each measure, the ICC will be better equipped to implement the measures deemed necessary for the victims and witnesses whose lives have been impacted by the crimes that come before the Court.

Thoughts, analysis perspectives and critics of function of punishment in international criminal law

“…The right to intervene according to art. 68 StICC (Palassis, 1993;Silva Sànchez, 2000;Garkawe, 2003;Haslam, 2004;Henzelin, Heiskamen, Mettraux, 2006;Mclaughlin, 2007;Wemmers, 2009;Garbett, 2017) is 36 Chamber must examine whether the accused understands "the elements of the crime or crimes to which he has pleaded guilty to ensure that his understanding of the requirements of the crime reflects his actual conduct and participation as well as his state of mind or intent when he committed the crime" (Prosecutor v. M. Nikolić (Case No. IT-02-60/1), ICTY T.…”

“…The victims also undergo further victimization phenomena since they become tools that support the reasons in a social environment aware of a tragic experience and in a function of legitimization and defense of interests that have nothing to do with those of the same (Safferling, 2003). The indirect consequence of the provisions of the StICC is that the victims find themselves in the midst of a confrontation with a large number of well-organized defendants, deprived of means of protection and substantially powerless in the face of the powers at stake that they must suffer (Boyle, 2006;Mclaughlin, 2007;Killean, Moffett, 2017). Art.…”

Review of Some Procedural Witness Protective Measures at the International Criminal Tribunal for the Former Yugoslavia

“…12 Generally the Prosecutor's requests have direct implications for the accused's right to a public hearing, although in many cases in ICTY, the Defence agreed to these requests for most witnesses. 13 In the Tadic case, the Trial Chamber Judges were in favour of an open and public trial 14 having considered that the International Tribunal has an educational function and the 9 Rule 75(B)(ii): "Measures for the Protection of Victims and Witnesses". 10 In Tadic, Decision of 10 August 1995, para.…”