RATNI IZVEŠTAČI KAO SVEDOCI U MEĐUNARODNOM KRIVIČNOM PRAVU – „SLUČAJ RANDAL“
WAR CORRESPONDENTS AS WITNESSES IN INTERNATIONAL CRIMINAL LAW - RANDAL CASE

Summary/Abstract: In a decision from 11 December 2002, the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY), in the case of Prosecutor v. Brdjanin and Talic (IT–96–36), decided not to compel a former war correspondent Jonathan Randal to testify against the accused Radoslav Brdjanin, whom he had interviewed in 1993. That was for the first time that an international court has recognized a qualified privilege for war correspondents, thereby extending the traditional categories of privileged persons. The Appeals Chamber holds that in order for a Trial Chamber to issue a subpoena to a war correspondent (to compel a war correspondent to testify) a two-pronged test must be satisfied: first, the petitioning party must demonstrate that the evidence sought is of direct and important value in determining a core issue in the case, and second, it must demonstrate that the evidence sought cannot reasonably be obtained elsewhere.

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