Section 33p. 33

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

(f) To have, free of any cost, the assistance of a competent

interpreter and such translations as are necessary to

meet

the

requirements

of

fairness,

if

any

of

the

proceedings of or documents presented to the Court are

not in a language which the accused fully understands

and speaks;

(g) Not to be compelled to testify or to confess guilt and

to

remain

silent,

without

such

silence

being

a

consideration in the determination of guilt or innocence;

(h) To make an unsworn oral or written statement in his or

her defence; and

(i) Not to have imposed on him or her any reversal of the

burden of proof or any onus of rebuttal.

2. In addition to any other disclosure provided for in this

Statute, the Prosecutor shall, as soon as practicable,

disclose to the defence evidence in the Prosecutor's

possession or control which he or she believes shows or

tends to show the innocence of the accused, or to

mitigate the guilt of the accused, or which may affect the

credibility of prosecution evidence. In case of doubt as to

the application of this paragraph, the Court shall decide.

ARTICLE 68

Protection of the victims and witnesses and their

participation in the proceedings

1. The Court shall take appropriate measures to protect

the safety, physical and psychological well-being, dignity

and privacy of victims and witnesses. In so doing, the

Court shall have regard to all relevant factors, including

age, gender as defined in article 7, paragraph 3, and

health, and the nature of the crime, in particular, but not

limited to, where the crime involves sexual or gender

violence or violence against children. The Prosecutor shall

take such measures particularly during the investigation

and prosecution of such crimes. These measures shall not

be prejudicial to or inconsistent with the rights of the

accused and a fair and impartial trial.

2. As an exception to the principle of public hearings

provided for in article 67, the Chambers of the Court may,

to protect victims and witnesses or an accused, conduct

any part of the proceedings in camera or allow the

presentation of evidence by electronic or other special

means.

In

particular,

such

measures

shall

be

implemented in the case of a victim of sexual violence or

a child who is a victim or a witness, unless otherwise

ordered

by

the

Court,

having

regard

to

all

the

circumstances, particularly the views of the victim or

witness.

3. Where the personal interests of the victims are affected,

the Court shall permit their views and concerns to be

presented and considered at stages of the proceedings

determined to be appropriate by the Court and in a

manner which is not prejudicial to or inconsistent with

the rights of the accused and a fair and impartial trial.

Such views and concerns may be presented by the legal

representatives of the victims where the Court considers

it appropriate, in accordance with the Rules of Procedure

and Evidence.

4.

The Victims and Witnesses Unit may advise the

Prosecutor

and

the

Court on appropriate protective

measures,

security

arrangements,

counselling

and

assistance as referred to in article 43, paragraph 6.

5.

Where

the

disclosure

of evidence or information

pursuant

to

this

Statute

may

lead

to

the

grave

endangerment of the security of a witness or his or her

family, the Prosecutor may, for the purposes of any

proceedings conducted prior to the commencement of

the trial, withhold such evidence or information and

instead submit a summary thereof. Such measures shall

be exercised in a manner which is not prejudicial to or

inconsistent with the rights of the accused and a fair and

impartial trial.

6.

A

State

may

make

an

application for necessary

measures to be taken in respect of the protection of its

servants or agents and the protection of confidential or

sensitive information.

ARTICLE 69

Evidence

1. Before testifying, each witness shall, in accordance with

the

Rules

of

Procedure

and

Evidence,

give

an

undertaking as to the truthfulness of the evidence to be

given by that witness.

2. The testimony of a witness at trial shall be given in

person, except to the extent provided by the measures

set forth in article 68 or in the Rules of Procedure and

Evidence. The Court may also permit the giving of viva

voce (oral) or recorded testimony of a witness by means

of video or audio technology, as well as the introduction

of

documents

or written transcripts, subject to this

Statute and in accordance with the Rules of Procedure

and Evidence. These measures shall not be prejudicial to

or inconsistent with the rights of the accused.

3. The parties may submit evidence relevant to the case,

in accordance with article 64. The Court shall have the

authority to request the submission of all evidence that it

considers necessary for the determination of the truth.

4. The Court may rule on the relevance or admissibility of

any evidence, taking into account, inter alia, the probative

value

of the evidence and any prejudice that such

evidence may cause to a fair trial or to a fair evaluation of

the testimony of a witness, in accordance with the Rules

of Procedure and Evidence.

5. The Court shall respect and observe privileges on

confidentiality as provided for in the Rules of Procedure

and Evidence.

6. The Court shall not require proof of facts of common

knowledge but may take judicial notice of them.

7. Evidence obtained by means of a violation of this

Statute or internationally recognized human rights shall

not be admissible if:

(a) The violation casts substantial doubt on the reliability

of the evidence; or

(b) The admission of the evidence would be antithetical

to and would seriously damage the integrity of the

proceedings.

8. When deciding on the relevance or admissibility of

evidence collected by a State, the Court shall not rule on

the application of the State's national law.

ARTICLE 70

Offences against the administration of justice

1. The Court shall have jurisdiction over the following

offences

against

its

administration

of

justice

when

committed intentionally:

(a) Giving false testimony when under an obligation

pursuant to article 69, paragraph 1, to tell the truth;

(b) Presenting evidence that the party knows is false or

forged;

(c)

Corruptly

influencing

a

witness,

obstructing

or

interfering with the attendance or testimony of a witness,

retaliating against a witness for giving testimony or

destroying,

tampering

with

or

interfering

with

the

collection of evidence;

(d) Impeding, intimidating or corruptly influencing an

official

of

the

Court

for

the

purpose

of forcing or

persuading the official not to perform, or to perform

improperly, his or her duties;

(e) Retaliating against an official of the Court on account

of duties performed by that or another official;

© Compiled by RGL

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