Witness Anonymity at the International Criminal Court: Due Process for Defendants, Witnesses or Both?

Welch, Tim; Meenagh, Martin; M'Boge, Yassim

doi:10.5750/dlj.v23i1.363

Cited by 2 publications

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“…46 Some authors believe that little consistency on the 'solely or to a decisive extent' principle exists within the ECtHR cases. 47 Indeed, as clarified by Judge van Dijk in Van Mechelen v Netherlands this rule 'is difficult to apply, because if the testimony of an anonymous witness is used by the court as part of the evidence, it will always be because the court considers it a "decisive" part of that evidence, making the proof complete or at least sufficient'. 48 In its later case-law, the ECtHR has further developed the notion of 'counterbalancing' the defendant's right to a fair trial against the right to be protected, and has developed a three-prong test.…”

Section: Prosecutor V Lubangamentioning

confidence: 99%

Protecting victims who testify before the ICC

Pulvirenti¹

2020

Defendants and Victims in International Criminal Justice

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Protecting victims who testify before the ICC: tensions and balances with the defendants' right to a fair trial IntroductionVictims have been the center of attention at the International Criminal Court (ICC), since the Rome Statute both allows their participation in the proceedings when their personal interests are affected, and sets up a system of reparation in case of any damage, loss or injury. 1 This revived interest in victims' participation and reparation is also clear from the significantly large body of literature on this topic. 2 Conversely, little attention has been dedicated to victims when they testify as witnesses (hereinafter, victims) in front of the ICC, although they play a central role in the ICC's evidentiary system. Since the ICC sits in The Hague and the majority of its investigations are conducted outside Europe, the ICC has been experiencing logistic and administrative difficulties in accessing documentary sources or forensic evidence, which are readily available at the crime scene, but spatially separated from the seat of the ICC. 3 For this reason, it has, inter alia, relied on the testimony of victims of crime since they can more easily travel to the seat of the ICC. 4 As testimony may be instrumental in determining the innocence of the accused, victims of crimes may be threatened, bribed, injured or even killed due to their participation in the proceedings. In addition to this, appearing as a witness before the ICC can demand considerable courage, because the alleged perpetrators are often the neighbours of victims. 5 Thus, protecting victims'

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Section: Prosecutor V Lubangamentioning

confidence: 99%

Protecting victims who testify before the ICC

Pulvirenti¹

2020

Defendants and Victims in International Criminal Justice

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Constitutional Protection For Crime Victims And Witnesses In Indonesia And Its Problems

Kenedi

2020

MIMBAR, Jurnal Sosial dan Pembangunan

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The constitutional protections toward crime witnesses in Indonesia are indisputably inevitable. As an effort to uphold justice, Indonesia relies on the formal mechanism of criminal law known as the criminal justice system. The system starts from reports by the police, prosecution by the prosecutor, to the stage of a trial in a court, and execution in a prison. Throughout its development, the criminal justice system seemed to focus more on protecting criminal offenses (criminal oriented) rather than paying attention to the rights of witnesses and victims (witness and victim-oriented). Therefore, the studies that concern the rights of witnesses and victims are highly needed in order to figure out ways to balance the treatment between the suspects/defendants and the witnesses and victims. Through the use of the statue approach and conceptual approach, the positions and the rights of legal protection for witnesses and victims are thoroughly captured and described in this current research. Besides, the factors causing uneven attention and unfair treatment toward crime victims are also specifically identified.

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Witness Anonymity at the International Criminal Court: Due Process for Defendants, Witnesses or Both?

Cited by 2 publications

References 1 publication

Protecting victims who testify before the ICC

Protecting victims who testify before the ICC

Constitutional Protection For Crime Victims And Witnesses In Indonesia And Its Problems

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