ABSTRACT

Too frequently there is a lack of appreciation that the journalistic standard is not that of a prosecutor and, in turn, not that of a criminal court. If journalists spent the time necessary to indict a suspected criminal, the news would be stale and, no doubt, their stories would be scooped by other less zealous reporters. A prosecutor, on the other hand, has a different threshold. It would be quite unprofessional and irresponsible for a prosecutor to indict a suspected war criminal unless there is sufficient admissible and available evidence to constitute a prima facie case of guilt. That victims may know the identity of the perpetrator and that journalists have the proof to their satisfaction is one thing—to be able to produce the evidence in court is another.