13fpZ7l

parties,^° witness preparation may result in new information being revealed which
was not included in a witness's statement. However, an advantage of witness
preparation in this regard is that the new information may then be disclosed to the
defence, pursuant to the Statute and the Rules, in advance of the witness's
testimony. The Chamber is of the view that such pre-testimony disclosure is
preferable to requiring the opposing party to react to new evidence only when the
witness is on the stand. It will also help to ensure that the Chamber is not foreclosed
from the possibility of hearing the entirety of a witness's evidence. At the same
time, the use at trial of such additional evidence will be controlled by the Chamber
in order to ensure that the defence is not prejudiced.
Safeguards
43. The defence submits that if witness preparation is allowed, it should only be
permitted in exceptional circumstances and upon application to the Chamber, and
only then with certain safeguards.^^
44. The Chamber is mindful of the concem that witness preparation could become an
improper rehearsal of in-court testimony which may negatively affect the reliability
of the evidence adduced at trial. However, the Chamber is not convinced that this
possibility necessitates a ban on pre-testimony meetings between parties and the
witnesses they are calling, nor is it persuaded that an individual application should
be required each time a party wishes to conduct a pre-testimony meeting with a
witness. The Chamber considers that the risk can be adequately addressed by
appropriate safeguards.
45. One such safeguard is the use of cross-examination. The Chamber is of the view
that cross-examination, and questioning by the Chamber, conceming the extent of a
witness's preparation can provide an important check against improper conduct.
^° ICC-01/09-01/11-446, paras 7, 26 and ICC-01/09-01/11-452, para. 18.
^^ ICC-01-09-01/11-452, para. 32.
ICC-01/09-01/11-524 03-01-2013 18/44 NM T
No. ICC-01/09-01/11 18/21 2 January 2013