International Criminal Due Process in the Making: New Tendencies in the Law of Non-Disclosure in the Proceedings before the ICC

in International Criminal Law Review
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Abstract

In the everyday trial practice before the International Criminal Court, the issue of non-disclosure of evidence is highly technically regulated and creates problems due to the ambiguities of the provisions governing the process. This article will display the legal systematic of the applicable law to clarify established findings of the Court and discuss new tendencies. Discussed problems include, to what extent “potential Prosecution witnesses” and “innocent third parties” can be integrated into the dogmatic of the law of non-disclosure, and whether non-disclosure should be granted on grounds of Article 54(3)(f) of the ICC Statute.

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