|Appeal Judgement - 20.10.2010||
180. The Appeals Chamber recalls that Rule 90(A) of the Rules provides that witnesses shall be heard by the trial chamber. Prior out-of-court witness statements are normally relevant only as necessary for the trial chamber to assess credibility. Witness statements used for this purpose normally bear the witness’s signature or some other indicator that their content reflects what the witness said. A will-say statement, however, differs from a typical statement given by a witness. In the practice of the Tribunal, will-say statements are primarily communications from one party to another and the trial chamber concerning aspects of a witness’s anticipated testimony that were not mentioned in previously-disclosed witness statements. Will-say statements are generally communicated by counsel upon learning of new details during the preparation of a witness for examination, and are not necessarily acknowledged by the witness. Therefore, will-say statements have no probative value except to the extent that the witness confirms their content. In the instant case, Witness AKK explicitly repudiated the content of the unsigned will-say statement, the contents of which were allegedly unknown to her. Given the lack of any explanation for why it was nonetheless acceptable to rely on the unsigned and repudiated will-say statement, the Appeals Chamber finds that the Trial Chamber erred in law in relying on the will-say statement to discredit aspects of Witness AKK’s testimony.
 Simba Appeal Judgement, para. 103, quoting Akayesu Appeal Judgement, paras. 134, 135.
 For example, some statements are transcriptions of interviews or are signed by a domestic judicial authority.
 See, e.g., The Prosecutor v. Aloys Simba, Case No. ICTR-01-76-T, Decision on the Admissibility of Evidence of Witness KDD, 1 November 2004 (“Simba Admissibility of Evidence Decision”), paras. 9-11.
 Simba Admissibility of Evidence Decision, para. 9.
 See [The Prosecutor v. Callixte Kalimanzira, Case No. ICTR-05-88-T] T. 26 November 2008 pp. 55-58.