The Protection of Victims and Witnesses at International and Internationalized Criminal Courts - The Example of the ECCC

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This thesis examines the measures to protect victims and witnesses at international criminal courts, in particular the International Criminal Court, the International Criminal Tribunal for Rwanda for the former Yugoslavia and at so-called "internationalized" criminal courts such as the Extraordinary Chambers in the Courts of Cambodia, the Special Court for Sierra Leone, and the Special Panels for Serious Crimes in East Timor. In fulfilling their mandate to prosecute serious international crimes (genocide, war crimes and crimes against humanity), these courts often confront competing interests. On the one hand, the tribunals must protect witnesses and victims from harm to their physical integrity and from re-traumatization arising from the criminal proceedings. On the other hand, the courts must respect the accused's right to a fair and public trial. This book assesses the different measures to protect victims and witnesses and how these measures interact with the rights of the accused. This monograph gives suggestions how the interests of victims and witnesses on the one hand and those of the accused on the other should be balanced.