1 August 2012

What issues are raised by empirical research on post-traumatic stress for legal testimony from survivors of sexual violence in international criminal trials?


Rulings were made at the International Criminal Tribunals of both former Yugoslavia (ICTY) and Rwanda (ICTR) regarding the testimony by alleged victims of rape.  Their diagnosis with PTSD was the basis of claiming that their testimony could not be relied upon. 

This essay by our trustee, Prof. Amina Memon, examines whether the testimony of a witness who displays characteristics of post-traumatic stress disorder (PTSD) is any less reliable  than a non-traumatised witness, and how the understanding of post-traumatic psychological difficulties might be better understood in international criminal courts and elsewhere.