163 one runs into those difficulties which are created "when a rule is removed from the framework in which it was formed, to another of different dimensions, to which it 8 cannot adapt itself as easily as it did to its proper setting" . On balance, I agree with the prosecution that the protection referred to by Rule 70(A), as this provision occurs within the framework of the Tribunal’s Rules, is to be regarded as extending throughout the case. 43. The question remains, however, as to what are the categories of material to which the protection provided by Rule 70(A) attaches. The opening words of the provision are not "Save as excepted in the provisions of Rules 66 and67 ...". The "notwithstanding" formula used means that, "notwithstanding"the provisions of Rules 66 and 67, "reports, memoranda or other internal documents ... are not subject to disclosure ...". If those categories include witness statements,and thus deny the defence access to prosecution witness statements, a conflict exists with Rule 66(A)(ii), under which copies of prosecution witness statements must be made available to the defence. The particularity of Rule 66(A)(ii) suggests that witness statements are not included in the general reference to "reports, memoranda or other internal documents" in Rule 70(A). In the result, defence witness statements are not protected against disclosure by virtue of Rule 70(A). 44. But what of the arrangements for reciprocal inspection of materials? Under Rule 66(B), at the request of the defence, the Prosecutor is required to permit the defence to inspect any books, documents, photographs and tangible objects in his custody or control, which are material to the preparation of the defence, or are intended for use by the Prosecutor as evidence at trial or were obtained from or belonged to the accused. If the defence avails itself of this right, theProsecutor has a reciprocal right under Rule 67(C), reading: If the defence makes a request pursuant to Sub-rule 66(B), the Prosecutor shall be entitled to inspect any books, documents, photographs and tangible objects, which are within the custody or control of the defence and which it intends to use as evidence at the trial. 45. These provisions refer to real evidence, not to proofs of testimonial evidence which is expected to be given by a witness. A larger meaning may be suggested by the words "which are material to the preparation of the defence", but those words occur in 8 Reparation Case, I.C.J. Reports 1949, p. 215, dissenting opinion of Judge Badawi Pasha.