ABSTRACT
In discussing the notion of shielding from criminal responsibility, it would be recalled that the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) listed certain criteria for assessing shielding from criminal responsibility. These criteria include direct or indirect proof of political interference; general institutional deficiencies; procedural irregularities or a combination of these factors. 1 In addition, The OTP stated that these criteria operate within the gamut of what the OTP called ‘contextual issues’ which include constitutional role, separation of powers and powers attributed to institutions of the criminal justice system; parameters of prosecuting powers and discretion; privileges and immunities of state authorities, granting of amnesties, pardons, enforcement of sentences, parole regimes; and creation of extrajudicial commission of inquiry and truth commissions. 2
