Disclosure of Intermediary Identity; A Manifestation of the Development of a Fair Proceeding in the International Criminal Court

Fair proceeding criteria in the International Criminal Court have components that are currently under development and are in conflict with the Intermediary position. However, the defendant’s situation in the constitution is ambiguous. The Intermediary in the judicial procedure of the ICC has the rights and benefits of a witness. The Intermediary facilitates the proof of international crimes by identifying, communicating, and introducing witnesses and victims of crime to the prosecutor of courts of the ICC. Therefore, the Intermediary’s identity should not be disclosed in order to maintain his/her security against the governments and supporters of the accused. But the Intermediary is suspected of documenting and persuading (instigating) witnesses and victims to testify falsely against the accused. The Intermediary’ s direct confrontation with the accused during the trial is necessary to exculpate his/her of this charge. However, the prosecutor considers the non-disclosure of the Intermediary’s identity on the basis of executive criminal policies in pursuit of international crimes, along with the claim of independent commitment to mediate. Therefore, resolving the conflict between the obligations of the prosecutor and the duty of the criminal court in ensuring the realization and development of fair criminal proceedings is facing serious challenges, which is the subject of this study. The findings of this study show that the disclosure of the Intermediary identity in the criminal procedure of the ICC has been recognized as a requirement of a fair proceedings. Undoubtedly, this approach of the ICC is a new and influential model on the legal system of countries in promoting the requirements of criminal procedure.