Deirdre Montgomery of the ICLB has just co-authored an article with Eugene O’Sullivan (Defence Counsel at the ICTY) entitled “The Erosion of the Right to Confrontation Under the Cloak of Fairness at the ICTY”. It is available in the latest edition of the Journal of International Criminal Justice.
This article focuses on the right to confrontation in trials before the International Criminal Tribunal for the former Yugoslavia (ICTY). There has been a steady erosion of right of the accused to cross-examination as a result of a number of amendments in the Rules of Procedure and Evidence and decisions handed down by various Chambers in the ICTY. This article reviews these matters by examining hearsay evidence, judicial notice, the admission of statements into evidence in place of oral testimony and the relevant provisions of the Statute of the ICTY and the Rules of Procedure and Evidence.