Risky Business: Witnesses and Africa’s ICC Withdrawal

Sarah McGibbon

doi:10.1163/9789004354098_006

Risky Business: Witnesses and Africa’s ICC Withdrawal

Sarah McGibbon^*

^*Corresponding author for this work

Research output: Contribution to journal › Article › Academic › peer-review

Abstract

The global response to South Africa’s failure to arrest President Omar al-Bashir when attending the African Union Assembly in the country in June 2015 sparked renewed protestations against the International Criminal Court (ICC) by African States. This in turn led to a call by South Africa for African States to pursue a collective withdrawal from the ICC. The practical, legal effect of such action on the ICC’s witness protection programme remains academically unexamined. This article sets out the witness protection framework, including challenges faced thereunder regardless of a mass withdrawal. This forms the foundation for considering the potential problems raised by any African walkout. The article explores the major problem of the enforcement of witness protection obligations in the event of States exiting the ICC. It endeavours to ignite deeper consideration of these issues and proposes starting points for potential solutions.

Original language	English
Pages (from-to)	113-160
Journal	Hague Yearbook of International Law / Annuaire de La Haye de Droit International
Volume	28
DOIs	https://doi.org/10.1163/9789004354098_006
Publication status	Published - 31 Dec 2017
Externally published	Yes

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title = "Risky Business: Witnesses and Africa{\textquoteright}s ICC Withdrawal",

abstract = "The global response to South Africa{\textquoteright}s failure to arrest President Omar al-Bashir when attending the African Union Assembly in the country in June 2015 sparked renewed protestations against the International Criminal Court (ICC) by African States. This in turn led to a call by South Africa for African States to pursue a collective withdrawal from the ICC. The practical, legal effect of such action on the ICC{\textquoteright}s witness protection programme remains academically unexamined. This article sets out the witness protection framework, including challenges faced thereunder regardless of a mass withdrawal. This forms the foundation for considering the potential problems raised by any African walkout. The article explores the major problem of the enforcement of witness protection obligations in the event of States exiting the ICC. It endeavours to ignite deeper consideration of these issues and proposes starting points for potential solutions.",

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AB - The global response to South Africa’s failure to arrest President Omar al-Bashir when attending the African Union Assembly in the country in June 2015 sparked renewed protestations against the International Criminal Court (ICC) by African States. This in turn led to a call by South Africa for African States to pursue a collective withdrawal from the ICC. The practical, legal effect of such action on the ICC’s witness protection programme remains academically unexamined. This article sets out the witness protection framework, including challenges faced thereunder regardless of a mass withdrawal. This forms the foundation for considering the potential problems raised by any African walkout. The article explores the major problem of the enforcement of witness protection obligations in the event of States exiting the ICC. It endeavours to ignite deeper consideration of these issues and proposes starting points for potential solutions.

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ER -

Risky Business: Witnesses and Africa’s ICC Withdrawal

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