Rome Statute of the International Criminal Court
2.
(e)
To examine, or have examined, the witnesses against him or her and to obtain
the attendance and examination of witnesses on his or her behalf under the
same conditions as witnesses against him or her. The accused shall also be
entitled to raise defences and to present other evidence admissible under this
Statute;
(f)
To have, free of any cost, the assistance of a competent interpreter and such
translations as are necessary to meet the requirements of fairness, if any of
the proceedings of or documents presented to the Court are not in a language
which the accused fully understands and speaks;
(g)
Not to be compelled to testify or to confess guilt and to remain silent, without
such silence being a consideration in the determination of guilt or innocence;
(h)
To make an unsworn oral or written statement in his or her defence; and
(i)
Not to have imposed on him or her any reversal of the burden of proof or any
onus of rebuttal.
In addition to any other disclosure provided for in this Statute, the Prosecutor shall,
as soon as practicable, disclose to the defence evidence in the Prosecutor's possession
or control which he or she believes shows or tends to show the innocence of the
accused, or to mitigate the guilt of the accused, or which may affect the credibility
of prosecution evidence. In case of doubt as to the application of this paragraph, the
Court shall decide.
Article 68
Protection of the victims and witnesses and their participation in the
proceedings
1.
The Court shall take appropriate measures to protect the safety, physical and
psychological well-being, dignity and privacy of victims and witnesses. In so doing,
the Court shall have regard to all relevant factors, including age, gender as defined
in article 7, paragraph 3, and health, and the nature of the crime, in particular,
but not limited to, where the crime involves sexual or gender violence or violence
against children. The Prosecutor shall take such measures particularly during the
investigation and prosecution of such crimes. These measures shall not be prejudicial
to or inconsistent with the rights of the accused and a fair and impartial trial.
2.
As an exception to the principle of public hearings provided for in article 67, the
Chambers of the Court may, to protect victims and witnesses or an accused, conduct
any part of the proceedings in camera or allow the presentation of evidence by
electronic or other special means. In particular, such measures shall be implemented
in the case of a victim of sexual violence or a child who is a victim or a witness, unless
otherwise ordered by the Court, having regard to all the circumstances, particularly
the views of the victim or witness.
3.
Where the personal interests of the victims are affected, the Court shall permit their
views and concerns to be presented and considered at stages of the proceedings
determined to be appropriate by the Court and in a manner which is not prejudicial to or
inconsistent with the rights of the accused and a fair and impartial trial. Such views and
concerns may be presented by the legal representatives of the victims where the Court
considers it appropriate, in accordance with the Rules of Procedure and Evidence.
4.
The Victims and Witnesses Unit may advise the Prosecutor and the Court on
appropriate protective measures, security arrangements, counselling and assistance
as referred to in article 43, paragraph 6.
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