Thousands on the stand: Exploring trends and patterns of international witnesses

Abstract

The international criminal courts and tribunals have heard thousands of witnesses in cases of extreme complexity and breadth. Their evidentiary record is overwhelming, with live witness testimony standing out as one of its defining features. Keeping in mind the arguments and policies of judicial efficiency and fairness, this article empirically examines the trends and patterns in viva voce witness numbers at the International Criminal Tribunal for the Former Yugoslavia (ICTY), for Rwanda (ICTR), and the International Criminal Court (ICC). We observe clear differences between institutions and individual cases, and discuss the underlying reasons for such divergences. As well as providing a general overview, we demonstrate the complex interaction between case-related characteristics, institutional and situational contexts, and the number of witnesses called at trial.

Suspicious minds? Empirical analysis of insider witness assessments at the ICTY, ICTR and ICC

“…13 Inconsistencies and contradictions are also the most frequently mentioned factors in the testimonial assessments. As expected, contradiction is most prevalent at the ICTY (69.78% of all assessments), which had the most extensive collection of documentary and forensic evidence to check the testimonies against, as well as the highest number of witnesses to provide contradicting evidence (Chlevickaite et al, 2019). The ICC assessments also frequently refer to contradiction (56.00%).…”