A/HRC/12/19 page 12 41. Though both conventions and protocols have contributed to the development of witness protection programmes in many countries,9 the specific nature of witness protection should be carefully examined while considering effective investigation and prosecution of gross human rights violations. Firstly, a distinction should be made between the witnesses of organized crime and those testifying in crimes related to gross human rights violations. In the context of prosecutions dealing with organized crime, witnesses are usually “insiders”, but in the case of trials for human rights violations, witnesses are to a large extent the victims or their family members, friends or relatives. Secondly, it is rare to find a link between State authorities and perpetrators of ordinary or organized crimes, even serious ones (e.g. drug trafficking). In human rights prosecutions, on the other hand, the alleged perpetrators are almost inevitably associated with State authorities. There are often State agencies or connected individuals with an interest in opposing prosecution and with the practical power to pervert the course of justice, including through abuse and intimidation of witnesses. As a result, it may become more difficult to prosecute perpetrators of gross human rights violations. C. Witness protection at international tribunals 42. In the last few years, international criminal tribunals have attempted to address the unique aspects of witness protection in the trials of international crimes and gross human rights violations. With the establishment of ICTY, ICTR and the International Criminal Court, the protection of victims and witnesses became the object of increasing attention by international and national human rights bodies. 43. Rule 34 of the Rules of Procedure and Evidence of ICTY sets up a Victims and Witnesses Section, which was set up under the authority of the Registrar to: (a) recommend protective measures for victims and witnesses; (b) provide counselling and support for them, in particular in cases of rape and sexual assault. Similarly, the Victims and Witness Support Section of the ICTR was established in 1996 pursuant to the Tribunal’s Rules of Procedure and Evidence, under the authority of the Registrar. The practice of both ICTY and ICTR reveals that the concern for the security and safety of individuals and the psychological needs of victims and witnesses have been the overarching concern. 44. The Rome Statute of the International Criminal Court also contains important provisions for the protection of victims and witnesses. Article 68 (1) of the Rome Statute provides that the Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. The Court is able to protect witnesses only with the effective assistance of the States parties, which requires an effective witness protection programme at the national level. According to its last annual report to the General Assembly in 2008, the Court had concluded 10 agreements with States on the protection and relocation of witnesses, and 2 ad hoc arrangements (A/63/323, para. 68). 9 See United Nations Office on Drugs and Crime (UNODC), Good practices for the protection of witnesses in criminal proceedings involving organized crime, 2008.