Quis custodiet ipsos custodes (Who is guarding the guardians)? – Decision processes in the ICC’s offences against the administration of justice

This article examines the legal framework and practice regarding offences against the administration of justice within the Rome Statute of the International Criminal Court. As the ICC adds more investigations and prosecutions, offences against the administration of justice in the form of witness interference and tampering, false testimony presentations and misconduct by or against officials of the Court are becoming common ground or prevalent. The mechanism provided for in Articles 70 and 71 of the Rome Statute when read with the Rules of Procedure and Evidence (RPE) grants powers to investigate and prosecute such offences. Decision-making, legal interpretation and policy formulation have become a challenge. In tackling this, this article analyses the legislative formulation of these offences; it then focuses on the policy evolution and development of the practice of predecessor tribunals. In conclusion, the article suggests opportunities for the ICC’s legal interpretation and policy alternatives regarding future trends in offences against the administration of justice.