camera hearings (that is, hearings that are closed to the public), or requests for identity concealment from the public. For example, the ICC allows the possibility to maintain confidentiality where there exist concerns for the personal safety of the witnesses or their families.200 The ICC will ordinarily consider the following factors in determining whether such a threat exists: • The degree of physical risk; • The need for and reliability of the testimony; • Whether the full testimony is conditional upon confidentiality; • Whether statements will reveal matters of national security; and • Whether the court, tribunal or commission may be able to subsequently prevent disclosure of the victim/witness’ identity. However, the ICC judges retain the power to reject an application for confidentiality. Informants should be made aware of this possibility. Similarly, the ad hoc international criminal tribunals, such as the International Criminal Tribunal for Rwanda, 201 the International Tribunal for the Former Yugoslavia, 202 and the Special Court for Sierra Leone, 203 include ways to provide for confidentiality when a witness’ safety is determined to be at risk. Protective measures such as hearings behind closed doors, and the non-disclosure of a witness identity are authorized only if “exceptional circumstances” can be demonstrated. 204 Many truth or inquiry commissions can also receive testimony on a confidential basis.205 200 See Rome Statute of the International Criminal Court, art. 54(3)(e), July 17, 1998, 2187 U.N.T.S 90; 37 I.L.M. 1002 (1998), (1998), available at http://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be940a655eb30e16/0/rome_statute_english.pdf and International Criminal Court, Rules of Procedure and Evidence, rule 82(2) (2005), available at http://www.icccpi.int/en_menus/icc/legal%20texts%20and%20tools/official%20journal/Documents/RulesProcedureEvide nceEng.pdf. 201 International Criminal Tribunal for Rwanda, Rules of Procedure and Evidence, rule 53, (Jun. 28, 1995), available at https://www1.umn.edu/humanrts/africa/RWANDA1.htm. 202 International Tribunal for the Former Yugoslavia since 1991, Rules of Procedure and Evidence, rule 70, (May 22, 2013), available at http://www.icty.org/x/file/Legal%20Library/Rules_procedure_evidence/IT032Rev49_en.pdf. 203 Special Court for Sierra Leone, Rules of Procedure and Evidence, rule 69, (2003), available at http://www.rscsl.org/Documents/RPE.pdf. 204 Colin T. McLaughlin, Victims and Witness Measures of the International Criminal Court: A Comparative Analysis, 6 THE LAW AND PRACTICE OF INTERNATIONAL TRIBUNALS 189, 192 (2007). 205 Alison Bisset, Rethinking the Powers of the Truth Commissions in light of the ICC Statute, 7 JOURNAL OF INTERNATIONAL CRIMINAL JUSTICE 963, 969 (2009). 127

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