Abstract
The International Criminal Court (ICC) represents a pivotal institution in the realm of international criminal justice, entrusted with the arduous task of prosecuting individuals responsible for the most heinous international crimes. Central to the ICC’s mission is the critical role of witnesses who provide testimony crucial for establishing the guilt or innocence of the accused. Witness protection emerges as a paramount concern in this context, as it not only ensures the safety and well-being of those who come forward but also safeguards the integrity of the judicial process. This paper delves into the challenges and lessons associated with witness protection within the ICC framework. It commences by analysing the fundamental significance of witnesses in international criminal trials and underscores the vulnerabilities they face, including potential threats to their lives and livelihoods. Subsequently, it elucidates the legal and institutional mechanisms deployed by the ICC to address these challenges, emphasizing the Rome Statute’s provisions and the establishment of the Witness Protection Unit. Drawing upon a review of significant jurisprudential developments, this paper elucidates the practical hurdles encountered by the ICC in its efforts to protect witnesses effectively. It highlights instances of witness intimidation, tampering, and the limitations of protective measures. Furthermore, it evaluates the ICC’s cooperation with state and non-state actors, as well as international organizations, in the pursuit of witness protection. This paper concludes by synthesizing key lessons gleaned from the ICC’s experience in witness protection, which can inform the broader discourse on international criminal justice. It underscores the need for enhanced collaboration among stakeholders, the refinement of protective measures, and a sustained commitment to upholding the principles of justice and accountability. Ultimately, this paper contributes to a deeper understanding of the interplay between witness protection and the pursuit of justice on the international stage, shedding light on the ongoing evolution of the ICC’s efforts in this critical domain.
Authors: Emmanuel Okwuokei
