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Part 6 The Trial: Le Procès, Art.68 Protection of the victims and witnesses and their participation in the proceedings/Protection et participation au procès des victimes et des témoins

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 20 January 2021

Subject(s):
Gender — Children, rights — Elements of crimes — Rape and sexual violence — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 68 of the Rome Statute of the International Criminal Court. Article 68 governs the protection of victims and witnesses. The Court is required to take ‘appropriate measures’ for the protection of ‘the safety, physical and psychological well-being, dignity and privacy of victims and witnesses’. The provision places special emphasis upon victims of sexual or gender violence, or violence against children. It also departs from the general principle of public hearings in order to protect victims and witnesses. Where the personal interests of victims are affected, the Court shall permit their ‘views and concerns’ to be presented and considered.

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