NDLI: Witness Protection Measures at the International Criminal Court: Legal Framework and Emerging Practice

Content Provider	Springer Nature Link
Author	Eikel, Markus
Copyright Year	2012
Abstract	In the first years of its existence, the issue of protective measures for witnesses has developed into one of the core issues for the International Criminal Court (ICC). Despite its obvious relevance, academic discussions have so far largely ignored this aspect of the Court’s work. This article will argue that, in contrast to the ad hoc Tribunals, the Rome Statute and the Rules of Procedure and Evidence split responsibilities for protective measures between the different organs of the Court, but they nevertheless fail to adequately define the precise boundaries of these responsibilities. The legal framework has therefore created uncertainty, even confusion as to the practical responsibilities for protective measures within the Court. The article will examine some resulting problems in the early practice of the ICC. At the same time, the article will present established practices in the field of witness protection that have been consensually developed between all organs of the Court. In its conclusion, the article will formulate recommendations as to how the Court can further overcome the issue of inter-organ responsibilities that are shared and divided at the same time. In this context, protective measures for witnesses should be viewed as an example as to how the Court, in its infant years, is in the process of developing a measured and balanced system that transfers statutory responsibilities into practice.
Starting Page	97
Ending Page	133
Page Count	37
File Format	PDF
ISSN	10468374
Journal	Criminal Law Forum
Volume Number	23
Issue Number	1-3
e-ISSN	15729850
Language	English
Publisher	Springer Netherlands
Publisher Date	2012-07-25
Publisher Place	Dordrecht
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Criminal Law Public International Law International Economics Private International Law, International & Foreign Law, Comparative Law
Content Type	Text
Resource Type	Article
Subject	Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
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