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.