The ICTR and the Protection of Witnesses

The protection of witnesses occupies a prominent place in 10years of practice of the International Criminal Tribunal forRwanda (ICTR). This paper sketches certain elements of the ICTRlaw on this matter. Among other things, it demonstrates thatthis law is flexible and has resulted in the provision of protectivemeasures as a matter of routine, without much regard for theprinciples of public trial. It is furthermore critical as tothe practical effect of protective measures, arguing that enforcementmechanisms in the form of contempt procedures are highly unattractive,and the continuing expansion of protective measures is undesirablefrom the perspective of the rights of the accused. A final pointof criticism addressed in this paper concerns the apparent lackof interest of the ICTR in the protection of a particular categoryof witnesses, namely witnesses detained in Rwanda.