ABSTRACT
This chapter examines how judges identify and assess the effects of trauma on the reliability of testimonial evidence of international crimes, by relying on a study of transcripts of proceedings, case law from both domestic and international courts and relevant scholarly literature. This chapter argues that the potential impact of trauma on testimonial evidence is not adequately identified nor resolved in the assessment of testimonial evidence. While trauma is recognised as a factor to assess the reliability of the evidence, case law demonstrates a lack of engagement with the processes underlying why testimonies may be imprecise or inconsistent. The assessment of evidence needs to be (more) aligned with establishing the facts necessary to determine the responsibility of the accused. Overall, this chapter demonstrates that assessments of testimonial evidence need to be guided by an updated and enhanced understanding of the impact of stressful and traumatic events on testimonial evidence. This is particularly salient in relation to what this means for the witnesses and their evidence, when it is necessary to consider the difficult, stressful or traumatic circumstances in the assessment of the evidence and how to take this into account in judicial reasoning.
