The possibility to compel the appearance of a witness in front of the ICC is not expressly provided for by the Statute. The Appeals Chamber in the case of Ruto and Sang has resolved, for the first time since the entry into force of the ICC, the question related to its power to compel a witness to testify; moreover it has established that State parties may compel the witness to appear in their territory in order to ensure the oral hearing also by way of a video-link from the Hague to the location of the witness.
Mangiaracina A (2021). Commentary. In A. André Klip, S. Freelands (a cura di), Annotated Leading Cases of International Criminal Tribunals. The International Criminal Court 2014 (pp. 590-596). Intersentia.
Commentary
Mangiaracina A
2021-01-01
Abstract
The possibility to compel the appearance of a witness in front of the ICC is not expressly provided for by the Statute. The Appeals Chamber in the case of Ruto and Sang has resolved, for the first time since the entry into force of the ICC, the question related to its power to compel a witness to testify; moreover it has established that State parties may compel the witness to appear in their territory in order to ensure the oral hearing also by way of a video-link from the Hague to the location of the witness.
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