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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Disclosure: International Criminal Courts and Tribunals

Alexander Heinze

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 08 December 2021

Confidentiality and privilege — Evidence — International courts and tribunals, procedure — International criminal law, evidence

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 Issues of access to information arise in every criminal trial. In contexts of the Common Law tradition (Heinze, 2014, 110 ff, 309 ff), they are usually labelled ‘disclosure’. Since criminal trials on the international level are still perceived as more or less resembling the Common Law tradition (critically Heinze, 2014, 535 ff), access to information or the provision thereof is thus also described as disclosure. It is vital for a fair trial (Fair Trial, Right to, International Protection) and fundamental for investigators, prosecution, and defence lawyers and...
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