Confidentiality Restrictions

Confidentiality restrictions on the disclosure of evidence in international criminal proceedings is an issue that comes up frequently and leads to interesting debates in trial proceedings. The International Criminal Tribunal for the former Yugoslavia (ICTY) has paved the way for the rules currently applicable at the International Criminal Court (ICC), in particular, with the decisions rendered in the Blaskic case. This article analyses the origins of confidentiality restrictions and their evolution in the jurisprudence of the ICTY. Overall, it will be seen that proceedings before the ICTY led states to take precautionary measures to protect national security interests during negotiations leading to the Rome Statute. The question, however, remains whether the current confidentiality regime before the ICC hinders the accused's right to a fair trial.