Risky Business: Witnesses and Africa’s ICC Withdrawal

  • Sarah McGibbon*
  • *Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

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 languageEnglish
Title of host publication Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 28
Chapter6
Pages113-160
Volume28
ISBN (Electronic)9789004354098
DOIs
Publication statusPublished - 31 Dec 2017
Externally publishedYes

Publication series

SeriesHague Yearbook of International Law / Annuaire de La Haye de Droit International
ISSN0923-8298

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