262. The Appeals Chamber recalls that the purpose of Rule 70 of the ICTY Rules is to encourage States and other entities and persons to share sensitive information with parties and the ICTY by providing certain guarantees of confidentiality with respect to the information they offer.[1] Those providing information under Rule 70 of the ICTY Rules who show genuine interest in protecting the information in their possession may invoke this rule to ensure the protection of such information by requiring, inter alia, limitations on the scope of a witness’s testimony or on the dissemination of that witness’s testimony.[2] However, any such restrictions on the presentation of evidence at trial may only be allowed after the trial chamber has determined that the restrictions would not undermine the fairness of the trial.[3] In this respect, Rule 70(G) of the ICTY Rules provides that a trial chamber may exclude such evidence if its probative value is substantially outweighed by the need to ensure a fair trial.[4]

263. […] Rule 70 of the ICTY Rules does not place a burden on those providing information under this rule to substantiate their concerns. Rather, it is for the trial chamber to weigh the probative value of the information received on a confidential basis against the need to ensure a fair trial. […]