The Witness Protection Mechanism of Delayed Disclosure at the Ad Hoc International Criminal Tribunals

• Author: Sangkul Kim
• Pages: 53-54

Delayed Disclosure 53

IX JEAIL 1 (2016)

Sangkul Kim

∗

The ad hoc international criminal tribunals addressing the mass atrocities involving

such extraordinary crimes like genocide, crimes against humanity and war crimes

have developed a delicate and intricate judicial scheme of ‘delayed disclosure.’ Against

the backdrop of the unique gravity of egregious atrocities, ‘delayed disclosure’ aims

at respecting the fundamental interests of both the accused and the witnesses, which

has turned out to be an exceptionally challenging judicial exercise. Striking a balance

between the rights of the accused to have adequate time to prepare his defence on the

one hand, the protection of identifying information of witnesses who may be subject

to serious danger or threat requires highly disciplined judicial vigilance on the other.

For the purpose of elucidating the demanding challenges involving the practice of

‘delayed disclosure,’ this paper explores the relevant rules and case law of the ICTY

and the ICTR.

Keywords

Delayed Disclosure, Rolling Disclosure, Rights of the Accused, Witness

Protection, Protective Measures, Identifying Information

The Witness Protection

Mechanism of Delayed

Disclosure at the Ad Hoc

International Criminal

Tribunals

∗ Research Fellow at CILRAP; Associate Legal Adviser, Office of the Prosecutor, International Criminal Court

(2004-2008). LL.B. (Korea Univ.); LL.M./S.J.D. (Georgetown). ORCID: http://orcid.org/0000-0002-8995-2694.

The author may be contacted at: kim@cirlap.org / Address: E-Pyunhansesang APT 105-501, Yeoksam2-dong,

Kangnam-gu, Seoul 06217 Korea.

DOI: http://dx.doi.org/10.14330/jeail.2016.9.1.03

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