Traumatised Witnesses in International Criminal Trials: Testimony, Fair Proceedings, and Accurate Fact-Finding

This book explores the testimonial evidence of traumatized witnesses in international crimes trials, emphasizing the need for a balance between the rights of the accused, the needs of witnesses, and the objective of fair and accurate fact-finding. It analyzes transcripts of proceedings and case law from the International Criminal Tribunal for the former Yugoslavia, the International Criminal Court, and Dutch courts to demonstrate the challenges and strategies for achieving this balance.

Format: Hardback
Length: 240 pages
Publication date: 13 February 2024
Publisher: Taylor & Francis Ltd

This book delves into the compelling testimonial evidence of traumatized witnesses in the trials of international crimes, which encompass acts of genocide, war crimes, and crimes against humanity. These trials often involve the accounts of individuals who have undergone or witnessed extremely traumatic events, making it challenging for them to recollect specific details. Testifying during these trials can also pose significant challenges to their well-being. However, it is imperative that the legal process of determining whether someone can be held criminally responsible for the alleged crimes remains fair, in accordance with the right to a fair trial of the accused, and that the facts are ascertained with utmost accuracy. This book makes a compelling argument that to ensure fair and accurate fact-finding when particularly traumatized witnesses testify, a delicate balance must be struck between the needs of these witnesses, the fair trial rights of the accused, and the objective of the court to establish the responsibility of the accused as accurately as possible. This balance holds significant importance throughout the various stages of selecting, preparing, presenting, and assessing the testimonial evidence of traumatized witnesses.

The methodology employed in this research involves an in-depth analysis of transcripts of proceedings and case law from the International Criminal Tribunal for the former Yugoslavia, the International Criminal Court, and Dutch courts prosecuting international crimes. The findings of this research underscore the often-challenging nature of achieving this balance during proceedings when traumatized witnesses testify due to the absence of regulations and guidelines applicable during investigations and prosecutions. This book serves as a valuable contribution to the field, highlighting the potential for achieving this balance when traumatized witnesses testify during criminal proceedings.

Weight: 621g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032441979