Measures to assure fairness of trial

Notion(s) Filing Case
Appeal Judgement - 19.07.2010 HARADINAJ et al.

36. A Trial Chamber possesses broad powers with which to assure the fairness of a trial. Under Rule 54 of the Rules, a Trial Chamber has the power to issue such orders, subpoenas, warrants, and transfer orders as may be necessary for the purposes of an investigation or for the preparation or conduct of the trial, which includes the power to: adopt witness protection measures; take evidence by video-conference link or by way of deposition; and summon witnesses and order their attendance. In addition, if such measures fail, upon the request of a party or proprio motu, a Trial Chamber can order that proceedings be adjourned or stayed.[1]

[1] Tadić Appeal Judgement, para. 52.

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ICTR Statute Article 19(1) ICTY Statute Article 20(1)