Procedural and Evidentiary Issues for the Yugoslav War Crimes Tribunal

As details regarding a war crimes tribunal develop, we believe that integral to any investigatory effort is a parallel commitment to the safety and integrity of the witnesses who will testify, and to the development and implementation of fair procedural and evidentiary rules. This report examines some of the major flaws in the Statute of the International Tribunal that stand in the way of fair and adequate preparation of evidence, particularly poor resource allocation, vague and inadequate procedural and evidentiary rules, and insufficient protection of witnesses.