Challenge of Detained Witnesses’ Applying for Asylum from Host Government in the Jurisdiction of International Criminal Court

Detained witnesses of the Congolese government applied for non-extradition to their repective government, seeking asulum in the Netherlands and declaring illegal the continuation of the detention by claiming with the danger of life after their testimony against the government before the the International Criminal Court. The primary branch of the Court in the interpretation of articles 68(1) and 93(7) of the Statute and their relationship with article 21(3) of the Statute holds that the custody tribunal will continue to detain the witnesses until the end of the Dutch administration's application for their asylum. Nevertheless, the Court opens a prospect before the Dutch court in order to continue to detain the witnesses in contravention of the international commitments of the Dutch government to protect the freedom of individuals in its territory. Dutch primary branch disqualifies decision makers from arresting witnesses, but the Dutch court of appeal reverse the European Court of Human Rights' recent judicial review in its fourth witness case. Finally, the Court of appeal judges affirm proceedings of the European Court of Human Rights and the Dutch court of appeal, taking into account the provisions of the Statute.