The Problem of Witness Interference before International Criminal Tribunals

被引:4
|
作者
de Brouwer, Anne-Marie [1 ,2 ]
机构
[1] Tilburg Univ, Dept Criminal Law, Int Criminal Law, NL-5000 LE Tilburg, Netherlands
[2] Tilburg Univ, Int Victimol Inst Tilburg INTERVICT, NL-5000 LE Tilburg, Netherlands
关键词
protection; victims/witnesses; witness interference; international criminal law; contempt of court; international criminal tribunals; media; disclosure of identifying information;
D O I
10.1163/15718123-01504005
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Victims of international crimes, such as genocide, crimes against humanity and war crimes, are considered crucial in establishing the evidence in cases before international criminal tribunals. Yet, due to the geographic, political, ethnic or religious circumstances in the country of origin, the nature of the crimes concerned and the nature of the victims' or accuseds' involvement in the crimes, international cases also bring with them significant risks for victims/witnesses and challenges for tribunals in protecting them. At times, individuals have disclosed identifying information of victims/witnesses in violation of protection orders of the tribunal, which has led to threats, intimidations and even murders, and ultimately, in a number of cases, the unwillingness of victims/witnesses to testify. Although the tribunals have measures at their disposal to sanction individuals breaching protection orders, the question remains how big the problem of witness interference really is and how to address this issue adequately.
引用
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页码:700 / 732
页数:33
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