ABSTRACT
This chapter explores how the emotional demands of testifying are regulated by the different actors at trial. Based on a thorough analysis of case law, transcripts of proceedings and scholarly literature, this chapter identifies various challenges to putting trauma into words through testimony, which relate to the scope of the answer’s witnesses gave to the questions put to them. This chapter argues that although courts and tribunals attempt to balance the needs of traumatised witnesses with the rights of the accused and their objective to allocate responsibility by applying rules and special measures to manage the scope of testimony, the needs of traumatised witnesses are not always approached in a holistic and consistent manner. This chapter examines the challenge of verbalising trauma and atrocities, as well as the applicable rules and measures to regulate the scope of testimony. This includes the option to admit (partial) written statements and allow traumatised witnesses to start their testimony with a free narrative phase and require breaks. Lastly, identified insensitive remarks made by judges to thank witnesses for their contribution are examined in light of how to mitigate the possibility of adversely affecting the well-being of witnesses towards the end of their testimony.
