Undesirable and unreturnable individuals: Rethinking the International Criminal Court’s human rights obligations towards detained witnesses

نویسندگان

چکیده

Abstract In March 2011, three defence witnesses, who were in detention the Democratic Republic of Congo (DRC), transferred to The Hague testify before International Criminal Court (ICC) trial against Germain Katanga and Mathieu Ngudjolo Chui. Once witnesses had testified, they returned DRC, even though feared for their lives, lodged an asylum request with Dutch authorities. This article argues that ICC is bound by principle non-refoulement : a prohibition on returning or extraditing individual country where there real risk, substantial grounds, might be subjected torture other human rights violations. Like individuals, should enjoy protection from refoulement . conclusion based analysis relationship between international law through two different approaches. ICC, as organization, obliged respect but additional obligations stem Rome Statute. Article 21(3) obligates interpret apply governing protective measures conformity ‘internationally recognized’ rights. concluding has not fully acknowledged extent witnesses’ rights, this proposes strengthening role witness programme address evident deficiencies ICC’s current practice.

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ژورنال

عنوان ژورنال: Leiden Journal of International Law

سال: 2022

ISSN: ['1478-9698', '0922-1565']

DOI: https://doi.org/10.1017/s0922156522000139