Mass Atrocity: Theories and Concepts of Accountability – On the Schizophrenia of Accountability
This chapter focuses on the responsibility of States to impose sanctions on witnesses for offences, against the International Criminal Court's (ICC) administration of justice. It examines the responsibilities and duties witnesses have before the ICC, citing instances of failure to carry out this duty and where relevant the jurisprudence of other tribunals to illuminate this obligation. The chapter analyses to justify the importance of witness sanctions for offences against the Court's administration of justice, arguing that moral claims such as upholding the integrity of the Court justify the reason for punishing these crimes. It also examines the authority of the ICC to actually prosecute these crimes and obstacles they may face in exercising this authority. The chapter discusses why the State should accept jurisdiction in prosecuting their nationals who as witnesses are in contempt and why the State should bear responsibility of imposing sanctions on them.