CEU Electronic Theses and Dissertations, 2024
| Author | Samkharadze, Kristine |
|---|---|
| Title | Balancing Witness Protection and Fair Trial Rights: A Comparative Analysis of International Criminal Tribunal for the Former Yugoslavia and Kosovo Specialist Chambers & Court |
| Summary | This thesis provides a comprehensive comparative analysis of witness protection measures and fair trial rights within the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Kosovo Specialist Chambers & Court (KSC). It explores the evolution of procedural practices in international criminal law, focusing on the balance between ensuring adequate safety for witnesses and maintaining the fair trial rights of the accused. By examining the established practices of the ICTY and the procedural frameworks introduced by the KSC, this study aims to assess whether the newer tribunal has learned from the experiences of its predecessor and improved upon the mechanisms to protect both witnesses and the accused's rights. The thesis contends that significant advancements in procedural witness protection mechanisms have been implemented from the ICTY to the KSC, which could potentially result in a better balance between protecting witnesses and ensuring the rights of the accused. The findings could contribute to the ongoing development of international criminal law and help in shaping future tribunals to achieve a more just and equitable system. |
| Supervisor | Lyer, Kirsten Roberts; |
| Department | Undergraduate Studies BA |
| Full text | https://www.etd.ceu.edu/2024/samkharadze_kristine.pdf |
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