ABSTRACT
This chapter concludes the book by reiterating the findings from each chapter to demonstrate that, based on a qualitative analysis of transcripts of proceedings and a thorough exploration of case law and scholarly literature, while trauma is taken into account to some extent, striking the right balance is not done sufficiently. Throughout the stages of selecting, preparing, presenting and assessing the testimonial evidence of traumatised witnesses, there needs to be a balance between the needs of witnesses who testify about traumatic experiences, the fair trial rights of the accused and the objective of the court to establish as accurately as possible the responsibility of the accused. The balance is either disregarded or inconsistently applied due to a lack of guidelines or decisions relating to measures applicable for traumatised witnesses or due to a lack of understanding as to what trauma and potential effects of witnesses and their testimonial evidence can be. As a result, an informed balance is, therefore, often not made. This unjustifiably affects the witnesses or the fairness and/or accuracy of the proceedings. Overall, this concluding chapter demonstrates that an informed balance can, and should, be made when traumatised witnesses testify during criminal proceedings for international crimes.
