Journalists will only be compelled to testify in war crimes trials in future if they can help resolve ”a core issue”, but will otherwise enjoy immunity, following a ruling yesterday by the appeal court of the war crimes tribunal for the former Yugoslavia.
The ruling was the direct result of the refusal of Jonathan Randal, a retired reporter for the Washington Post, to provide testimony in an ongoing trial involving the Bosnian Serb former deputy prime minister, Radovan Brdjanin.
Randal, who covered the 1992-95 Bosnian war, argued that the court should grant limited exemptions to journalists in his position to ensure their safety in the field and to shore up their ability to gather news and information. He was supported by 34 international news organisations.
Not all journalists agree with Randal; many believe they have a duty to testify in such cases.
Brdjanin is accused of playing a pivotal role in deporting, torturing and murdering Croats and Muslims. It was thought that an interview he had given Randal could greatly help prosecutors.
The court said that to be called, a reporter’s evidence must have ”a direct and important value in determining a core issue in the case”, and there must be no alternative way of obtaining the evidence.
The judges doubted whether Randal’s evidence met either criterion, and cancelled his subpoena. -Guardian Unlimited (c) Guardian Newspapers Limited 2001