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Part V Fairness and Expeditiousness of ICC Proceedings, 41 Sitting on Evidence?: Systemic Failings in the ICC Disclosure Regime—Time for Reform

Karim A A Khan QC, Caroline Buisman

From: The Law and Practice of the International Criminal Court

Edited By: Carsten Stahn

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 26 November 2020

Subject(s):
Evidence — Prosecution

The right to full and timely disclosure is one of the most fundamental rights of suspects and accused persons before the ICC. Regrettably, it is also the most violated right. This Chapter examines the difficulties the defence has encountered as a result of late, inadequate, or non-disclosure of material relevant to the case. Drawing heavily on the authors’ own experiences before the ICC, this contribution argues that the current disclosure regime of the ICC places an inordinate burden on limited defence resources, and improperly and unnecessarily constrains the ability of defence teams to effectively and efficiently prepare for and conduct the defence of the client. The Chapter makes a number of proposals for improvement, including management of time limits for final prosecution pre-trial disclosure, protective measures, transparency, and internal prosecution review.

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