The Icc’s Witness Protection Measures Through the Lens of Policy-Oriented Jurisprudence

Abstract

Abstract:The protection of witnesses from intimidation or harm has become a firmly entrenched part of modern criminal justice systems. The ICC's decisionmaking 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, led to numerous interpretational and applicability challenges of both policy and law. This article aims at designating policy-oriented jurisprudence as a possible theoretical approach and solution to the ICC's international law making of witness protection measures. Policy-oriented jurisprudence approaches international law as a decision-making process, where decisions are made pursuant to shared community interests and expectations. This will likely aid advisers, scholars, or those entrusted with decision-making to pay particular attention to all factors necessary for the security of witnesses.