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G - The Protection of Victims and Witnesses

Published online by Cambridge University Press:  19 October 2018

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Summary

The Appeals Chamber of the International Criminal Court has adjudicated a handful of interlocutory appeals on the protection of victims and witnesses, establishing the following principles as explored in this chapter. First, provisions of the Rome Statute and the Rules of Procedure and Evidence provide protection for all people exposed to risk on account of the activities of the Court and not just witnesses, victims and their families. Second, protective measures are not to interfere with the rights of the accused, and the fairness and impartiality of proceedings. Third, the duty to protect persons at risk attaches to all organs of the Court, with ultimate authority vested in the Chamber. Fourth, while there is “authority of the Chambers over the Prosecutor in relation to matters of protection”, the Prosecution has responsibilities. Fifth, there is a need for cooperation between the Prosecutor and the Court’s Victims and Witnesses Unit in the Registry. Sixth, in emergency situations, the Prosecutor may request the Victims and Witnesses Unit to take a temporary emergency measures.
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The Appeals Chamber of the International Criminal Court
Commentary and Digest of Jurisprudence
, pp. 243 - 252
Publisher: Cambridge University Press
Print publication year: 2018

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