Understanding the International Criminal Court


What criteria does the Office of the Prosecutor use to select witnesses?



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82. What criteria does the Office of the Prosecutor use to select witnesses?
The Office of the Prosecutor selects witnesses based on the relevance of their 
testimony, their reliability and their credibility.
83. Are witnesses compelled to testify?
No. The Court does not compel a witness to appear before it to testify without his 
or her consent.
84. How does the Court know that witnesses are not lying?
Various measures have been put in place to prevent false testimony. Before 
testifying, each witness makes an undertaking to tell the truth. The judges have the 
authority to freely assess all evidence submitted in order to determine its relevance 
or admissibility.
If a witness gives false testimony, the Court may sanction him or her by a term of 
imprisonment not exceeding five years and/or by imposing a fine.


International Criminal Court
85. How are witnesses who appear before the Court assisted?
Witnesses who appear before the Court are provided with information and 
guidance. For this purpose, the Victims and Witnesses Section’s (VWS’s) support 
team offers services including the provision of psychosocial support, crisis 
intervention, and access to medical care when needed.
The VWS also prepares all witnesses testifying before the Court by a process called 
“familiarisation”. This is a process where the courtroom and trial procedure is 
shown to the witnesses in advance of their testimony. Many witnesses will have 
never been in a courtroom before and may find it daunting. This could impact on 
their well-being, as well as their testimony, and the familiarisation process aims to 
avoid this. Familiarisation does not have an impact on the content of the testimony, 
as the evidence is not discussed at all during this process.
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