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Witness Preparation in the ICC: An Opportunity for Principled Pragmatism

Jackson, John D.; Brunger, Yassin M.

Authors

Yassin M. Brunger



Abstract

In January 2013, Trial Chamber V of the International Criminal Court (ICC) in the cases of William Ruto and Joshua Sang and of Francis Muthaura and Uhuru Kenyatta, collectively known as the ‘Kenya decisions’, made a marked departure from the firm prohibition on ‘witness proofing’ established by the ICC's Pre-Trial and Trial Chamber I in the Lubanga decisions. This reversal illustrates the polarization of an issue that has caused considerable controversy in the international legal community and demonstrates the challenges faced by the Court in navigating such a controversy. While the practice may be viewed as a fault line between two different procedural cultures, forever destined to be subject to debate, this article explores an alternative view, examining the reasons for this turnaround and proposing an approach based on ‘principled pragmatism’. In doing so, it considers whether witness preparation is coming to be regarded as a necessary part of ICC practice.

Journal Article Type Article
Publication Date 2015-07
Journal Journal of International Criminal Justice
Print ISSN 1478-1387
Electronic ISSN 1478-1395
Publisher Oxford University Press
Peer Reviewed Peer Reviewed
Volume 13
Issue 3
Pages 601-624
APA6 Citation Jackson, J. D., & Brunger, Y. M. (2015). Witness Preparation in the ICC: An Opportunity for Principled Pragmatism. Journal of International Criminal Justice, 13(3), 601-624. https://doi.org/10.1093/jicj/mqv024
DOI https://doi.org/10.1093/jicj/mqv024
Publisher URL https://academic.oup.com/jicj/article/13/3/601/890744
Copyright Statement Copyright information regarding this work can be found at the following address: http://eprints.nottingh.../end_user_agreement.pdf
Additional Information This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of International Criminal Justice following peer review. The version of record John D. Jackson, Yassin M. Brunger; Witness Preparation in the ICC: An Opportunity for Principled Pragmatism. J Int Criminal Justice 2015; 13 (3): 601-624 is available online at: https://academic.oup.co...article/13/3/601/890744

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Copyright Statement
Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf





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