Both the composition of the judiciary and the prosecution is dominated by people from the common law tradition. The code of procedure of the Tribunal was established when judges and lawyers from Great Britain, the US, South Africa and Australia were in charge. These people threw overboard large amounts of Common Law jurisprudence, especially when it came to the rights of the defendant and the rules of due process. It was almost as if, liberated from the constraints of Anglo-American justice, they fell for the joys of the inquisitorial procedure hook, line and sinker. For example, anonymous witnesses and secret testimony are permitted so that the defendant cannot often identify his accusers.
Rape victims can remain anonymous.
The justification for this procedure is, no doubt, to encourage victims to come forward and give evidence. However, this strips away the defendant's basic rights as malicious or false accusations are even more difficult to counter when the accuser's identity is hidden from view. Witnesses are attacked on ideological grounds. Western academics appearing as expert witnesses have been subject to personal abuse as well as intrusive inquiries into their personal lives by the Prosecution's allies in the NATO intelligence services. The intention seems to be to intimidate anyone not sharing the Prosecution's purpose and to warn off others from giving evidence.