NCJ Number
164876
Journal
International Review of Penal Law Volume: 67 Dated: (1996) Pages: 267-295
Date Published
1996
Length
29 pages
Annotation
The position of witnesses before the international tribunal prosecuting human rights violations in the former Yugoslavia is examined.
Abstract
The establishment of an international criminal tribunal involves legal issues that have never previously arisen. The tribunal has no police personnel to invite or bring witnesses to the hearing. Most potential witnesses do not live in the country in which the tribunal meets. Many potential witnesses may have died during the war. The rights and obligations of witnesses under the statute of the tribunal and the law of national jurisdictions also needs to be understood. The analysis notes that the presence of a witness can be obtained by using judicial or mutual legal assistance by one of two means. The provisions in the Rules of Procedure and Evidence on perjury and refusal to testify raise more questions than they answer. Rule 40 allows prosecutors in urgent cases to request any country to take all necessary actions to prevent injury or intimidation of a victim or witness. However, the Rules of Procedure and Evidence do not provide for a safe conduct for witnesses. The position of the Netherlands as the host country of the tribunal raises additional issues. Finally, four situations exist in which testimony of witnesses can be taken out of court. Overall, witnesses' rights and obligations are largely dependent on national law, although countries are obliged to cooperate with the tribunal's orders as soon as possible. The tribunal is a unique and new court; its establishment has raised many issues. Footnotes