Abstract
This chapter argues that the mandate and operations of the International Criminal Tribunal for the Former Yugoslavia (ICTY) during war crimes trials have been inherently inimical to a functioning, publicly-accessible archive. Unless its purposes are reoriented to those of an archive, the ICTY's policies, presently tailored to facilitate war crimes trials, could eventually lead to the archive's dismemberment or permanent inaccessibility. The power of sovereign states to inhibit public disclosure of information is embedded in the Rules of Procedure and Evidence (RPE), which bestow on an entity providing evidence rights similar to those of a protected witness. The ICTY's current rules and practices leads to suggest that a set of guidelines be established to assure that the is truly open, and that the living archive be subject to the decisions of an ombudsperson with the power to unseal and declassify documents in accordance with those guidelines. Keywords:ICTY; Rules of Procedure and Evidence (RPE); sovereign states; war crimes
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