Understanding the International Criminal Court

61
Understanding the International Criminal Court
86. What are the protective measures available to witnesses testifying before 
the Court? 
The Court has a number of protective measures that can be granted to witnesses 
who appear before the Court and other persons at risk on account of testimony 
given by a witness. The foundation of the Court’s protection system is good 
practices which are aimed at concealing a witness’ interaction with the Court from 
their community and from the general public. These are employed by all people 
coming into contact with witnesses.
Operational protective measures can be implemented where witnesses reside; for 
example the Initial Response System is a 24/7 emergency response system that 
enables the Court, where feasible, to extract witnesses to a safe location should 
they be targeted or in fear of being targeted. Other operational protective measures 
include educating witnesses on the importance of confidentiality and cover stories 
or agreeing on an emergency backup plan.
The Court can also apply procedural protective measures. Such measures may 
consist of face/voice distortion or the use of a pseudonym. Separate special 
measures can be ordered by the Court for traumatised witnesses, a child, an elderly 
person or a victim of sexual violence. These can include facilitating the testimony 
of witnesses by allowing a psychologist or family member to be present while the 
witness gives testimony or the use of a curtain to shield the witness from direct eye 
contact with the accused.
A last resort protective measure is entry into the Court’s Protection Programme 
(ICCPP) through which the witness and his or her close relatives are relocated away 
from the source of the threat. This is an effective method of protection, but due to 
the immense burden on the relocated persons, relocation remains a measure of last 
resort and absolute necessity.
Protective measures do not affect the fairness of a trial. They are used to make 
witnesses safe and comfortable. They apply for both referring parties, the 
Prosecution and the Defence equally. All parties are bound by confidentiality and 
respect to protective measure, yet even when protective measures are applied, a 
witness can still be questioned.

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