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The Fifth Amendment further states: "No person shall

. . . be subject for the same offense to be twice put in

jeopardy of life or limb."  The ICC draft statute recognizes

no such right.  As was explained earlier, if the ICC has the

de facto authority to decide what constitutes an "effective"

or "ineffective" national trial, then the accused conceiv-

ably stands to be tried twice for the same crime or crimes.

The Sixth Amendment to the U.S. Constitution states:

"In all criminal cases, the accused shall enjoy the right to

a . . . trial by an impartial jury."  The ICC draft statute

recognizes no such right.  Instead, the accused will face a

panel of UN-appointed judges.

The Sixth Amendment also states: "In all criminal

cases, the accused shall enjoy the right . . . to be con-

fronted with the witnesses against him."  The Yugoslavia

tribunal recognizes no such right and has adopted a provi-

sion known as Rule 75, which stipulates that the court can

"order appropriate measures for the privacy and protection

of victims and witnesses."53  In practice, Rule 75 allows

some witnesses to remain anonymous, not only to the public

but to defendants and their lawyers.  But as Diana Johnstone

notes in the Nation, when "witnesses are granted anonymity

. . . [and] cannot be cross-examined or charged with perju-

ry," the consequences of a lie will be "particularly grave

in proceedings [like those of the Yugoslavia tribunal] where

verbal testimony rather than material proof is the basis for

conviction."54  That is especially true, she says, given the

fact that most of the Yugoslavia tribunal's evidence is

furnished by the same Bosnian authorities who convicted one

Sretko Damjanovic in 1993 of genocide in the murder of two

Muslim brothers.  Four years later, it was discovered that

the two genocide victims, Kasim and Asim Blekic, were alive

and well and living in a Sarajevo suburb.  According to

Johnstone, the Bosnian "court has not considered the fact

that his 'victims' were never murdered as grounds for grant-

ing Damjanovic a new trial."55

The Sixth Amendment further states: "In all criminal

cases, the accused shall enjoy the right . . . to have com-

pulsory process for obtaining witnesses in his favor."

Again, the Yugoslavia tribunal recognizes no such right.  In

fact, Mikhail Wladimiroff, lead defense attorney in the case

against Dusko Tadic, remarked that even though the court

"understood very well the issues we raised about the fair-

ness of the trial if we were not able to produce the evi-