Testifying Behind Bars: Detained ICC Witnesses and Human Rights Protection
19 Pages Posted: 5 Jan 2014 Last revised: 17 Aug 2016
Date Written: January 4, 2014
This paper describes the case of three detained ICC witnesses who have applied for asylum in the Netherlands. The paper finds that the relevant authorities have not been able to properly solve this case, because of a lack of harmonization between international criminal law, human rights law and refugee law. Considering this lack of harmonization, in future cases it will continue to be difficult to conceive a solution that advances the cooperation of the sending states with the ICC, while at the same time giving detained witnesses access to the highest standards of human rights protection.
Keywords: Detained ICC witnesses, asylum application, human rights protection
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