Published In

Michigan Journal of International Law

Document Type

Article

Publication Date

1998

Subjects

Anonymous Witness, International Procedural Law, International Criminal Tribunals

Abstract

On May 7, 1997, Trial Chamber II of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia released its verdict in its first trial. While the proceedings of the International Tribunal were commended for their fairness, criticism quickly erupted as a result of the Trial Chamber's decision to allow anonymous testimony to be used in the Tadic trial. This article explores the Trial Chamber's decision to allow the use of anonymous testimony as a protective measure. It focuses on the challenge of defining the sources of procedural law to apply in making procedural and evidentiary determinations. Both the majority opinion of Judge McDonald and the dissenting opinion of Judge Stephen reveal that the role of international standards in procedural decision-making is a deeply contested and unsettled area of international procedural law.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.