The Yugoslav Tribunal: use of unnamed witnesses against accused

Article Abstract:

The Aug 1995 decision by the International Criminal Tribunal for the Former Yugoslavia to accept unnamed witnesses' testimony against accused war criminal Dusko Tadic will prevent Tadic from receiving a fair trial. The judges interpreted the Rules of Procedure on in camera proceedings as meaning unnamed accusers' identities can be withheld indefinitely from the accused, a ruling contrary to international law. The Tribunal's credibility rests on its handling of such matters, even if the issue does not arise in the trial because, for example, the prosecutors decide not to use unnamed witnesses.

Laws, regulations and rules

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Witness anonymity is inconsistent with due process

Article Abstract:

Christine M. Chinkin's support of the war crime tribunal in formal Yugoslavia's decision in Prosecutor v. Tadic not to disclose the identity of witnesses and victims is misguided. The tribunal's rules did not allow witness anonymity and so the two judges did not have the authority to make the decision. Additionally, nothing should be allowed to infringe on the accused's right to a fair trial and so victims' safety should be weighed against whether to bring the case to trial. Equating victims' rights with the accused's rights undermines the history of due process.

Criticism and interpretation, Protection and preservation, Due process of law, Right to fair and impartial trial, Fair trial, Witness protection, Chinkin, Christine M.

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Sexual violence in decisions and indictments of the Yugoslav and Rwandan tribunals: current status

Article Abstract:

The International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda were set up to prosecute suspected war criminals in the 1990s conflicts in those two countries. These prosecutions included some for rape and other sexual violence against women. The inclusion of women on the staff of the two tribunals, and the inclusion of gender-based crimes as subjects for prosecution, marked significant progress over post-World War II prosecutions of war crimes.

International, Yugoslavia, Rwanda, International aspects, Women, Crimes against, Rape, United Nations. International Criminal Tribunal for Rwanda

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