Witness Anonymity at the International Criminal Court: Due Process for Defendants, Witnesses or Both?

The question of how far and in what way to extend protection to witnesses in trials has manifested itself in institutions as diverse as the European Court of Human Rights (ECHR), the Committee of the International Covenant on Civil and Political Rights (ICCPR), the ad hoc criminal tribunals (International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone), and most recently the International Criminal Court (ICC). This is not surprising; as David Lusty has pointed out in his seminal analysis of the use of anonymous accusers, the question has arisen in almost every legal deliberative body for the past two thousand years.

Breaking patterns of conflict in Northern Ireland: new perspectives

Central to reaching peace and settlement in Northern Ireland was a sequence of British–Irish intergovernmental discussions and negotiations, dating from the beginning of the 1980s. British and Irish state cooperation and intervention has remained central to the stability of the settlement reached in 1998. The motives of state actors, however, have been unclear, and the role of the state in the political process has been the subject of some scholarly controversy. This paper looks at the types of evidence that can help to resolve such questions. It focuses on the value of elite interviews, arguing that they can constitute an important and irreplaceable body of evidence when used critically, but it also highlights the risks of excessive reliance on this type of source. It goes on to describe a major research project in University College Dublin whose aim was to record the experiences and interpretations of the actors who engaged in British–Irish negotiations over the last four decades. It discusses the resulting elite interviews and witness seminars and the methodological and ethical difficulties encountered. It describes how these were overcome, and outlines the conditions of confidentiality imposed.