Testifying Behind Bars: Detained ICC Witnesses and Human Rights Protection

19 Pages Posted: 5 Jan 2014 Last revised: 17 Aug 2016

See all articles by Marjolein Cupido

Marjolein Cupido

VU University Amsterdam - Faculty of Law

Joris Wijk

VU University Amsterdam

Date Written: January 4, 2014

Abstract

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

Suggested Citation

Cupido, Marjolein and Wijk, Joris, Testifying Behind Bars: Detained ICC Witnesses and Human Rights Protection (January 4, 2014). Available at SSRN: https://ssrn.com/abstract=2374678 or http://dx.doi.org/10.2139/ssrn.2374678

Marjolein Cupido (Contact Author)

VU University Amsterdam - Faculty of Law ( email )

De Boelelaan 1105
1081 HV Amsterdam
Netherlands

Joris Wijk

VU University Amsterdam ( email )

De Boelelaan 1105
Amsterdam, ND North Holland 1081 HV
Netherlands

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