Protecting victims who testify before the ICC: tensions and balances with the defendants’ right to a fair trial

Victims have been the centre of attention at the International Criminal Court (ICC), since the Rome Statute both allows their participation in the proceedings when their personal interests are affected, and sets up a system of reparation in case of any damage, loss or injury. While the boundaries of the application of the right to a fair trial are clear, it remains difficult to strike the right balance between the different rights at stake. Human right standards will be applied to the ICC’s case law in order to analyse whether the ICC has fully respected victims’ right to privacy when testifying, without undermining the right of a defendant to a fair and impartial trial. In light of this case-law, it is clear that Lubanga’s right to a fair trial was not infringed, since sufficient measures, such as cross-examination, were taken to counterbalance the handicap under which the defence was working

The Impact of the Internet on International Criminal Law

This chapter discusses how international criminal tribunals and courts (ICTCs) collect, receive and share information through the internet and, thus, how the internet has changed International Criminal Law (ICL). More specifically, it focuses on the flow of information from society to ICTCs and, vice versa, on the data released via the internet by the ICTCs to local communities. Thus, this chapter covers two different aspects of the work of ICTCs. First, this chapter demonstrates that the internet enhances the quality of international criminal prosecutions because of the new low-cost and increasingly accessible technologies available via the internet, social networks such as Facebook and Twitter, crowdsourcing, as well as satellite imagery and other forms of surveillance technologies that might bring about better, cheaper, and safer prosecutions. Indeed, these technologies used to pursue individuals’ retribution and deterrence might, for instance, help to preserve destroyed or threatened cultural heritage for future generations. Also, it gives individuals the power to gain control over the information and evidence that are then forwarded to the ICTCs. Howe­ver, these positive trends are also characterized by some setbacks. For instance, considering the scarce international practice, some doubts on the admissibility and verifiability of this type of evidence exist. Also, the relationship with third parties that store the video footages still remains unchartered territory. Second, the internet has also strengthened the outreach programs of the ICTCs enhancing quality and the quantity of data released via the internet by the ICTCs to local communities. This chapter demonstrates that the failure to engage with the local population had a negative impact on the legitimacy and legacy of the ICTCs. Thus, outreach could benefit from developments in new forms of technology to design innovative and meaningful outreach strategies

Protective measures for witnesses at the International Criminal Court: a human rights analysis

In prosecuting those responsible for genocide, crimes against humanity and war crimes, the International Criminal Court (ICC) mainly relies on witnesses’ testimonies. However, witnesses can be easily intimidated and, as a consequence of that, refuse to testify or recant their testimony. Almost every ICC case has been affected, to different extents, by witness tampering. In certain cases, for instance, the Office of the Prosecutor was forced to drop the charges against the alleged responsible of the most heinous international crimes. From this perspective, an effective prosecution depends on an adequate system of protection from threats that may arise inside and outside the courtroom. Focusing on protective measures for witnesses, this thesis endorses an innovative definition of protective measures based on Article 68 of the Rome Statute, according to which “[t]he Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses”. Since those appropriate measures should safeguard both witnesses’ safety and their well-being, this thesis proposes suggests to include, in addition to traditional protective measures applied inside and outside the courtroom, special measures for vulnerable witnesses and procedures which aim to familiarise witnesses with the ICC premises and prepare them for their testimony. Although the ICC is an instrument to protect human rights, it may potentially violate some human rights. By analysing the case law and the transcript of ten cases before the ICC, this thesis examines how the ICC has interpreted and developed protective measures for witness and assesses whether the ICC has safeguarded witnesses’ human rights when interpreting and applying those measures. More specifically, this thesis focuses on witnesses’ right to life, the right to be free from torture (and inhuman and degrading treatment) and the right to privacy. Where witnesses’ rights have not been adequately protected by the ICC and its organs, this thesis proposes recommendations to make protective measures more respectful of witnesses’ human rights

Escherichia coli Is Overtaking Group B Streptococcus in Early-Onset Neonatal Sepsis

The widespread use of intrapartum antibiotic prophylaxis (IAP) to prevent group B streptococcus (GBS) early-onset sepsis (EOS) is changing the epidemiology of EOS. Italian prospective area-based surveillance data (from 1 January 2016 to 31 December 2020) were used, from which we identified 64 cases of culture-proven EOS (E. coli, n = 39; GBS, n = 25) among 159,898 live births (annual incidence rates of 0.24 and 0.16 per 1000, respectively). Approximately 10% of E. coli isolates were resistant to both gentamicin and ampicillin. Five neonates died; among them, four were born very pre-term (E. coli, n = 3; GBS, n = 1) and one was born full-term (E. coli, n = 1). After adjustment for gestational age, IAP-exposed neonates had ≥95% lower risk of death, as compared to IAP-unexposed neonates, both in the whole cohort (OR 0.04, 95% CI 0.00-0.70; p = 0.03) and in the E. coli EOS cohort (OR 0.05, 95% CI 0.00-0.88; p = 0.04). In multi-variable logistic regression analysis, IAP was inversely associated with severe disease (OR = 0.12, 95% CI 0.02-0.76; p = 0.03). E. coli is now the leading pathogen in neonatal EOS, and its incidence is close to that of GBS in full-term neonates. IAP reduces the risk of severe disease and death. Importantly, approximately 10% of E. coli isolates causing EOS were found to be resistant to typical first-line antibiotics

Protective measures for witnesses at the International Criminal Court: a human rights analysis

In prosecuting those responsible for genocide, crimes against humanity and war crimes, the International Criminal Court (ICC) mainly relies on witnesses’ testimonies. However, witnesses can be easily intimidated and, as a consequence of that, refuse to testify or recant their testimony. Almost every ICC case has been affected, to different extents, by witness tampering. In certain cases, for instance, the Office of the Prosecutor was forced to drop the charges against the alleged responsible of the most heinous international crimes. From this perspective, an effective prosecution depends on an adequate system of protection from threats that may arise inside and outside the courtroom. Focusing on protective measures for witnesses, this thesis endorses an innovative definition of protective measures based on Article 68 of the Rome Statute, according to which “[t]he Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses”. Since those appropriate measures should safeguard both witnesses’ safety and their well-being, this thesis proposes suggests to include, in addition to traditional protective measures applied inside and outside the courtroom, special measures for vulnerable witnesses and procedures which aim to familiarise witnesses with the ICC premises and prepare them for their testimony. Although the ICC is an instrument to protect human rights, it may potentially violate some human rights. By analysing the case law and the transcript of ten cases before the ICC, this thesis examines how the ICC has interpreted and developed protective measures for witness and assesses whether the ICC has safeguarded witnesses’ human rights when interpreting and applying those measures. More specifically, this thesis focuses on witnesses’ right to life, the right to be free from torture (and inhuman and degrading treatment) and the right to privacy. Where witnesses’ rights have not been adequately protected by the ICC and its organs, this thesis proposes recommendations to make protective measures more respectful of witnesses’ human rights

Undesirable and Unreturnable Individuals: Rethinking the International Criminal Court’s Human Rights Obligations towards Detained Witnesses

In March 2011, three defence witnesses, who were in detention in the Democratic Republic of Congo (DRC), were transferred to The Hague to testify before the ICC in the trial against Katanga and Chui. Once the witnesses had testified, they were returned to the DRC, even though they feared for their lives, and had lodged an asylum request with the Dutch authorities. This article argues that the ICC is bound by the principle of non-refoulement: a prohibition on returning or extraditing an individual to a country where there is a real risk, or substantial grounds, that they might be subjected to torture or other human rights violations. ICC witnesses, like other individuals, should enjoy protection from refoulement. This conclusion is based on analysis of the relationship between the ICC and international human rights law through two different approaches. The ICC, as an international organisation, is obliged to respect the principle of non-refoulement but additional obligations stem from the Rome Statute. Article 21(3) obligates the ICC to interpret and apply the law governing protective measures in conformity with ‘internationally recognised’ human rights. In concluding that the ICC has not fully acknowledged the extent of witnesses’ rights, this article proposes strengthening the role of the witness protection programme to address the evident deficiencies in the ICC’s current practice

International criminal law

International Criminal Law (ICL) ensures that the individual perpetrators of certain heinous crimes are liable for their acts. ICL was born as a branch of both Public International Law (PIL), which regulates the rights and the responsibilities of States, and Criminal Law but it is also heavily influenced other branches of law. For instance, due to its original focus on violations of customs of war, it draws on International Humanitarian Law (IHL), which protects the civilian population form the atrocities of armed conflicts and regulates the means and methods of warfare, and on International Human Rights Law (IHRL), the set of rules which grants fundamental rights to individuals

The CJEU's approach to Prohibiting Islamic Headscarves in the Workplace

On 14 March 2017, the Grand Chamber of the Court of Justice of the European Union (CJEU) issued two landmark rulings on the use of headscarves in the workplace. The cases of Samira Achbita and Asma Bougnaoui were much awaited decisions, as they were the first judgements of the CJEU regarding discrimination based on religious belief under Directive 2000/78 (Employment Framework Directive)