Abstract
In this chapter we will discuss the interview techniques that interviewers report being used in international criminal courts and tribunals such as at the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Court (ICC) with regards to suspects and “insider witnesses” to alleged international crimes (war crimes, crimes against humanity and genocide). Much of the evidence in these trials is elicited from witnesses, victims and suspects, and therefore the way in which they are interviewed is critical to successful prosecutions of the guilty. Interviewing of suspects is as important as interviewing victims and witnesses, as this can assist with information gathering and the process towards establishing the truth (or at least partial truth) of these horrendous crimes and their surrounding context. The interviewers came from a variety of cultural and educational backgrounds (including both law enforcement and the legal profession) and, as such, international criminal investigators and prosecutors are likely to be influenced by their national training and experience. These differences may impact significantly on the interview processes and techniques used to interview individuals concerning international crimes such as genocide, war crimes, and crimes against humanity. Yet despite these differences, the interviewers endorsed establishing rapport, using open questions, and encouraging free-recall. They also emphasised the importance of using evidence effectively and being aware of cultural issues. The need for specialised training of all investigators was also highlighted, in order to ensure a certain level of competency in specific techniques.
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Notes
- 1.
The crime of aggression, which has now been defined under the Rome Statute, but is not yet an enforceable crime.
- 2.
Interview with ICC Legal Assistant, The Hague, November 2011.
- 3.
Under Rules 111 and 112 of the Rules of Procedure and Evidence.
- 4.
There are also not any guidelines at the ICTY, ICTR, or STL. Training on interviewing concentrates on procedures such as recording of interviews. Interview with ICTY Senior Trial Attorney, The Hague, May 2011; Interviews with STL Senior Trial Attorneys, The Hague, November 2011.
- 5.
Interview with ICC Associate Trial Lawyer, The Hague, November 2011.
- 6.
Interview with former ICTY Senior Investigator, Sydney, January 2012.
- 7.
Interview with former ICTY Senior Investigator, Sydney, January 2012.
- 8.
Interview with former ICC Investigator, Lyon, November 2011.
- 9.
Interview with former ICTY Senior Investigator, Sydney, January 2012.
- 10.
Interview with ICC Investigator, The Hague, November 2011.
- 11.
Articles 25 and 28 Rome Statute of the International Criminal Court.
- 12.
Elements of Crimes of Article 8 Rome Statute.
- 13.
Another consequence is that, whereas domestic interviews will last for a matter of hours, interviews of suspects and witnesses of international crimes will be lengthy, lasting for days. One investigator undertook an interview that lasted about 25 days.
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Acknowledgment
The author would like to thank all participants in the research survey, and the International Criminal Court (ICC) and the Special Tribunal for Lebanon for granting permission to interview current staff members. Particular thanks go to John Ralston and Greg Townsend, who facilitated a number of interviews.
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O’Brien, M., Kebbell, M. (2014). Interview Techniques in International Criminal Court and Tribunals. In: Bull, R. (eds) Investigative Interviewing. Springer, New York, NY. https://doi.org/10.1007/978-1-4614-9642-7_5
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