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F - Disclosure and Redactions

Published online by Cambridge University Press:  19 October 2018

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Summary

The Prosecution’s disclosure and inspection duties are a key pillar in the International Criminal Court’s procedural scheme and are critical to fully respecting the accused’s rights under article 67(1) of the Rome Statute and to ensure the fairness of proceedings. This chapter describes the Appeals Chamber’s jurisprudence at the Court in elucidating the accused’s right to disclosure and inspection under various rules and articles such as the disclosure of witness statements (rule 76 of the Rules of Procedure and Evidence), the disclosure of potentially exonerating information (article 67(2)), the inspection of information material for the preparation of the defence (rule 77) and disclosure in relation to applications for interim release. This chapter also explores redactions protecting victims, witnesses and other persons at risk (rule 81(4)) as well as redactions protecting investigations (rule 81(2)). It then describes the relationship between article 54(3)(e) and disclosure obligations, the Appeals Chamber endorsing the Prosecution’s power to receive information where disclosure obligations are negated due to a condition of confidentiality while considering the need for counter-balancing measures, making sure that any rights owed to the accused by the Prosecution are still protected.
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The Appeals Chamber of the International Criminal Court
Commentary and Digest of Jurisprudence
, pp. 205 - 242
Publisher: Cambridge University Press
Print publication year: 2018

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