Interview Techniques in International Criminal Court and Tribunals
In this chapter we will discuss the interview techniques that interviewers report being used in international criminal courts and tribunals such as at the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Court (ICC) with regards to suspects and “insider witnesses” to alleged international crimes (war crimes, crimes against humanity and genocide). Much of the evidence in these trials is elicited from witnesses, victims and suspects, and therefore the way in which they are interviewed is critical to successful prosecutions of the guilty. Interviewing of suspects is as important as interviewing victims and witnesses, as this can assist with information gathering and the process towards establishing the truth (or at least partial truth) of these horrendous crimes and their surrounding context. The interviewers came from a variety of cultural and educational backgrounds (including both law enforcement and the legal profession) and, as such, international criminal investigators and prosecutors are likely to be influenced by their national training and experience. These differences may impact significantly on the interview processes and techniques used to interview individuals concerning international crimes such as genocide, war crimes, and crimes against humanity. Yet despite these differences, the interviewers endorsed establishing rapport, using open questions, and encouraging free-recall. They also emphasised the importance of using evidence effectively and being aware of cultural issues. The need for specialised training of all investigators was also highlighted, in order to ensure a certain level of competency in specific techniques.
Improving witness interviewing for the investigation of disappeared persons due to armed conflict
Abstract Investigating missing persons who are presumed dead in conflict contexts almost always involves witness interviews. Interviews can be critical both to locating burial sites and to positively identifying bodies that are located. Despite the importance of interviews, the authors have found that investigators in these contexts seldom have formal training on interviewing. This article highlights three principal problems that the authors have experienced relative to interviewing as part of missing persons investigations in armed conflict contexts: that interviewing is not treated as a professional activity; the tendency to overvalue technical tools in the search for burial sites; and a lack of awareness about cultural and contextual factors that impact interviews. The article concludes with five recommendations on how to improve witness interviewing.
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.