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The ICTY can in principle request any evidence to be transferred to it that is considered necessary in the context of the proceedings before it. In practice the Chamber orders the search and seizure of relevant places and/or items. The same as the above would apply, that is the direct applicability of the orders in BiH on the basis of Article 29 of the Statute. The only exception would again be evidence that was provided to the ICRC on the basis of confidentiality. National authorities have the possibility to declare evidence provided to the ICTY as ‘national security evidence’, binding the ICTY Prosecutor’s Office to only use the evidence confidentially, without disclosing its original source.2535


Footnotes

  1. For a discussion of the procedural problems resulting from the use of such sensitive evidence during proceedings before the ICTY, especially in relation to the rights of the accused, see Cryer, 2005, pp. 139-140.

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