Persons Exempted from the Obligation to Testify
Limited groups of people, such as representatives of the International Committee of the Red Cross (ICRC), are immune from appearing as witnesses before courts, including the ICTY.2533 The Tribunal also cannot issue binding orders on State officials in relation to their official duties.2534 Accordingly, the refusal on the side of the authorities to facilitate the transfer of such witnesses would not amount to a violation of Article II.8.
Footnotes
Prosecutor ./. Simić, Tadić and Zarić, Decision on the Prosecution Motion under Rule 73 for a Ruling concerning the testimony of a witness, IT-9-9-PT, 27 July 1999, Prosecutor ./. Brdjanin and Tadić, Decision on interlocutory appeal, IT-99- 36-AR73.9, 11 December 2002; Cryer, 2005, p. 135.
See Blaškić, AR108, paragraphs 38-44; Cryer, 2005, p. 135.