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Chinese Journal of International Law Advance Access originally published online on September 26, 2005
Chinese Journal of International Law 2005 4(2):583-597; doi:10.1093/chinesejil/jmi028
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© The Author 2005. Published by Oxford University Press. All rights reserved

COURTS & TRIBUNALS

Revisiting Disclosure Obligations at the ICTR and its Implications for the Rights of the Accused

Charmaine de los Reyes *

Disclosure obligations are an important and contentious topic in the International Criminal Tribunal for Rwanda jurisprudence that directly implicates the right of the accused to a fair trial. International Criminal Tribunal for Rwanda jurisprudence has historically favoured disclosure of witness statements under Rule 66(A)(ii); however, the possibility of disclosure under Rule 68 should also be considered. Due to the practical difficulty for the defence to obtain witness statements that may be material to its case, the author argues that the Tribunal should reconsider the jurisprudence on the topic of disclosure to work towards a more equitable disclosure regime under Rule 68.

* BA (Hons) (UVic), LL.B/B.C.L. (McGill), Legal Intern, ICTR (2005) (email: charmaine.delosreyes{at}mail. mcgill.ca). The author would like to thank Roland Adjovi for instigating critical debate on this issue and encouraging the development of this article; and Ryan Grist for his insightful comments. The opinions expressed herein are those of the author and not those of the Tribunal or the United Nations.


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