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Abstract

Convictions, if they are to be legitimate, must be based on credible

evidence presented in a public trial. The conflict between the right of an

accused to a public trial and the exceptional pressures on victim witnesses

of war crimes is omnipresent in ICTY trials. Recently, the ICTY has

begun to favor witness protection. These overly liberal grants of witness

protection measures, including heavy reliance on affidavits over live

testimony, closed sessions, face and voice distortion, and even

pseudonyms, threaten the goals of the Tribunal - to provide accurate

historical records of terrible events and fair treatment of accused war

criminals.

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