Testimonial Evidence of Traumatised Witnesses in Trials of International Crimes:Striking a Balance in the Interest of Fair Proceedings and Accurate Fact-Finding

International crimes, which include genocide, war crimes and crimes against humanity, are traumatic, and are generally prosecuted many years or even decades after they took place. Testimonial evidence is often crucial for the prosecution of such crimes. Yet, trauma and the lapse of time can make it hard for witnesses to recall specific details, and testifying may also pose challenges for their well-being. This PhD thesis focuses on the testimonial evidence of traumatised witnesses in criminal proceedings for international crimes. It notably explores its potential effect on the fairness of proceedings and the accuracy of fact-finding, both of which are central to the main goal of international criminal justice: to establish individual criminal responsibility. For this research Suzanne Schot has analysed transcripts of proceedings of the ICTY and ICC, and processen-verbaal ter terechtzitting of cases adjudicated in the Netherlands. The research demonstrates that the potential effects of trauma on witnesses’ testimonial evidence is generally not sufficiently taken into account in criminal proceedings for international crimes. There should be a balance during criminal proceedings between the needs of traumatised witnesses, the objective of the court to find the truth and allocate responsibility and the right of the accused to a fair trial. This study shows that it is often difficult to strike the right balance due to the current lack of regulations and guidelines applicable during investigations and prosecutions. Current procedures and measures should be reconsidered and clarified by, and for, actors at the various stages of criminal proceedings. This PhD thesis shows that this balance can, and should, be achieved when traumatised witnesses testify during criminal proceedings for international crimes