Witness Protection Measures DOI.pdf (7.67 MB)
The ICC’s witness protective measures through the lens of policy-oriented jurisprudence
Version 2 2023-06-12, 06:36
Version 1 2023-06-08, 22:55
journal contribution
posted on 2023-06-12, 06:36 authored by Steven William KayuniThe protection of witnesses from intimidation or harm has become a firmly entrenched part of modern criminal justice systems. The ICC’s decision-making with regard to procedural and non-procedural protective measures has on one hand reinforced the integrity and success of the judicial process, while on the other hand has led to numerous interpretational and applicability challenges of both policy and legal framework. This article aims at designating policy-oriented jurisprudence as a possible theoretical approach and solution to the ICC’s international law making of witness protective measures. Policy-oriented jurisprudence approaches international law as a decision-making process where decisions are made pursuant to shared community interests and expectations. This is likely to aid an adviser, scholar, or those entrusted with decision-making to pay particular attention to all factors necessary for the security of witnesses.
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Publication status
- Published
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- Published version
Journal
UCL Journal of Law and JurisprudenceISSN
2052-1871Publisher
University College of LondonExternal DOI
Issue
2Volume
4Page range
271-298Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2015-11-12First Open Access (FOA) Date
2015-11-12First Compliant Deposit (FCD) Date
2015-11-11Usage metrics
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