The balancing of competing rights : the right to disclosure at the International Criminal Court

Abstract

It is trite law that an accused person has the right to have adequate time and facilities to prepare his defence. This is one of the fundamental ingredients for a fair trial well-established in both domestic and international law. One specific requirement that emanates from fair trial guarantees is the right to disclosure of evidence. In this regard, the Rome Statute places an obligation on the prosecution to disclose material within its possession to facilitate the effective and timely preparation of the defence case. However, disclosure has been one of the most contentious procedural issues in the International Criminal Court (ICC).