JEAIL > Volume 9(1); 2016 > Articles
Research Paper
Published online: May 30, 2016

The Witness Protection Mechanism of Delayed Disclosure at the Ad Hoc International Criminal Tribunals

Sangkul Kim
E-Pyunhansesang APT 105-501, Yeoksam2-dong, Kangnam-gu, Seoul 06217 Korea.
Corresponding Author:

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License ( which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.


The ad hoc international criminal tribunals addressing the mass atrocities involving such extraordinary crimes like genocide, crimes against humanity and war crimes have developed a delicate and intricate judicial scheme of 'delayed disclosure.' Against the backdrop of the unique gravity of egregious atrocities, 'delayed disclosure' aims at respecting the fundamental interests of both the accused and the witnesses, which has turned out to be an exceptionally challenging judicial exercise. Striking a balance between the rights of the accused to have adequate time to prepare his defence on the one hand, the protection of identifying information of witnesses who may be subject to serious danger or threat requires highly disciplined judicial vigilance on the other. For the purpose of elucidating the demanding challenges involving the practice of 'delayed disclosure,' this paper explores the relevant rules and case law of the ICTY and the ICTR.

Keywords : Delayed Disclosure, Rolling Disclosure, Rights of the Accused, Witness Protection, Protective Measures, Identifying Information

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