Possibility of making a statement in writing

Notion(s) Filing Case
Decision on Accused's Statement - 20.04.2009 PRLIĆ et al.

14. In regard to Prlić’s contention that such statements may be given in writing, the Appeals Chamber notes that while the plain wording of Rule 84 bis suggests that such statements would ordinarily be made orally in court,[1] the Rule does not prohibit such statements being given by an accused in written form. In principle, therefore, a statement made under Rule 84 bis might be given in written form, although its admission would remain subject to the authorisation of the Trial Chamber, and under its control.[2]

[1] See also Salvatore Zappalà, Human Rights in International Criminal Proceedings (Oxford: OUP, 2005), p. 142: “[…] it is doubtful whether the [Rule 84 bis] statement can be written”.

[2] The Appeals Chamber notes that this is the first time that an accused before the Tribunal has submitted a written document pursuant to Rule 84 bis of the Rules. The Appeals Chamber is also conscious of Article 67(1)(h) of the Rome Statute of the International Criminal Court, which explicitly provides for a right of an accused to make an unsworn oral or written statement in his or her defence.

Download full document
ICTY Rule Rule 84 bis