Comments on the ICC Pre-Trial Chamber's Decision Regarding Witness Proofing in Lubanga Case
Annotated Leading Cases, Vol. 23, 2010
17 Pages Posted: 4 Dec 2010
Date Written: October 4 9,
The commentary discusses the landmark decision of the ICC Pre-Trial Chamber of 30 November 2007 to prohibit the parties to proof their witnesses for the purpose of the confirmation of charges. Particular attention is paid to the legal reasons provided by the Chamber in light of the ICC sources of law and the conceptual considerations that informed the ICC position, including the prevailing views on what are the optimal means and format of judicial truth-finding.
Keywords: witness proofing, familiarization, ICC, Pre-Trial Chamber, sources of law
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