by Göran Sluiter
This blog is generally the place for academic reflection and analysis, but this posting -I am aware- also may be perceived as having the nature of an (emotional) appeal to both the ICC and the Netherlands.
Representing the three Congolese witnesses in their asylum procedure in the Netherlands -together with colleagues Van Eik and Schüller- I fully and openly declare an interest. That said, it is my conviction that the fate of the three Congolese witnesses in ICC detention has reached the level of absurdity and requires urgent attention.
Those who are not very closely following the ICC express great suprise when I inform them that there are witnesses being detained at the ICC Detention Unit. The starting point and legal basis for the witnesses’ detention lies in art. 93 (7) of the Statute. It is indeed a logical and welcome arrangement to facilitate the testimony of witnesses detained in a State party to have their detention temporarily continued at the ICC.
However, in respect of three Congolese defence witnesses an unprecedented situation arose when they applied for asylum in the Netherlands, because, among other things, they fear reprisals by DRC President Kabila in case of return to the DRC. The witnesses had in their testimonies in the Katanga and Ngudjolo trials implicated Kabila in the commission of international crimes in the DRC. Continue reading