Revisiting Disclosure Obligations at the ICTR and its Implications for the Rights of the Accused

Disclosure obligations are an important and contentious topicin the International Criminal Tribunal for Rwanda jurisprudencethat directly implicates the right of the accused to a fairtrial. International Criminal Tribunal for Rwanda jurisprudencehas historically favoured disclosure of witness statements underRule 66(A)(ii); however, the possibility of disclosure underRule 68 should also be considered. Due to the practical difficultyfor the defence to obtain witness statements that may be materialto its case, the author argues that the Tribunal should reconsiderthe jurisprudence on the topic of disclosure to work towardsa more equitable disclosure regime under Rule 68.