Tadić, the Anonymous Witness and the Sources of International Procedural Law

On May 7, 1997, Trial Chamber II of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia released its verdict in its first trial. While the proceedings of the International Tribunal were commended for their fairness, criticism quickly erupted as a result of the Trial Chamber's decision to allow anonymous testimony to be used in the Tadic trial. This article explores the Trial Chamber's decision to allow the use of anonymous testimony as a protective measure. It focuses on the challenge of defining the sources of procedural law to apply in making procedural and evidentiary determinations. Both the majority opinion of Judge McDonald and the dissenting opinion of Judge Stephen reveal that the role of international standards in procedural decision-making is a deeply contested and unsettled area of international procedural law.