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.
Investigative interviewing in the UK
This book examines international developments in investigative interviewing. It analyses the cases and other factors leading to the paradigm shift in a number of countries, it considers issues that are of current interest to practitioners and academics including the continuing calls for the use of torture, whether it is possible to detect deception and the contribution of investigative interviewing methods to concepts of therapeutic and restorative justice. The book responds to the recognition that there are currently no international human rights instruments that relate specifically to custodial questioning, whilst also offering a critical analysis of the attempts to influence investigator and prosecutor behaviour by recourse to human rights. This book will be essential reading for practitioners designing and delivering investigative interviewing training programmes as well as academics and students studying international criminal justice.
Changing perspectives in cognitive interviewing
Abstract A study is presented which investigated aspects of a specialist method for taking evidence from witnesses known as ‘Cognitive Interviewing’. Specifically, the study sought to evaluate four techniques used in this form of interviewing, namely the Report All, Reinstate Context, Change Order, and the Change Perspectives mnemonics. The findings suggest that while none of these mnemonics significantly increased inaccuracy, all but the Change Perspectives mnemonic facilitated recall of accurate information. The findings are discussed in terms of the applied functional utility of each of the mnemonics and the Cognitive Interview procedure in general.