Reporter does not have to testify, UN war crimes tribunal for former Yugoslavia rules

The United Nations International Criminal Tribunal for the former Yugoslavia (ICTY) has granted special legal protection for reporters working in conflict zones, requiring them to testify only in cases where it finds that the evidence sought by the party seeking the journalist’s testimony is “direct and important” to the core issues of the case.

The ruling issued yesterday by the Tribunal marks a reversal on appeal of an earlier decision involving a Washington Post reporter who had been ordered to appear against his will.

“Compelling war correspondents to testify before the International Tribunal on a routine basis may have a significant impact upon their ability to obtain information and thus their ability to inform the public,” the ICTY ruled.

The court’s decision also said that the Tribunal could call journalists to testify only if the court is able to “demonstrate that the evidence sought is of direct and important value in determining a core issue in the case [and] that the evidence sought cannot reasonably be obtained elsewhere.”

“The adoption of this criterion,” the decision added, “should ensure that all evidence that is really significant to a case is available to Trial Chambers.”