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.
Negotiated history: the historical record in international criminal law and plea bargaining
One of the most important functions of the international criminal trial is to create an accurate and accessible historical record. This paper analyses to what extent plea bargaining can hinder or facilitate the establishment of the historical record. Drawing on the experience of the ICTY and the ICTR the author makes a number of proposals as to what how and to extent plea bargaining should be used at the ICC to advance rather than to obstruct the historical record.
Bodies of Evidence: Burial, Memory and the Recovery of Missing Persons in Cyprus
List of Figures and Maps Acknowledgements Chapter 1. Heirs of Antigone: Disappearances and Political Memory Chapter 2. Suppressed Experiences Chapter 3. Testimonies of Fragmentation, Recollections of Unity Chapter 4. The Missing as a Set of Representations Chapter 5. The Martyrdom of the Missing Chapter 6. L'image Juste, or Juste une Image? Chapter 7. Painting Absences, Describing Losses Chapter 8. Antigone's Doubt, Creon's Dilemma Chapter 9. Power, Complicity, and Public Secrecy Bibliography Appendices Index