Article 70 of the Rome Statute criminalises behaviour that seriously undermines ICC proceedings, including witness interference in the form of intimidation, corruption and threats. These crimes fall under the broad umbrella of acts that threaten the integrity of the Court, also referred to as ‘contempt of court’.

The Discussion Paper looks at contempt investigations and prosecutions from a comparative perspective, taking into account the practices of other tribunals. It examines the two most significant contempt investigations that have taken place at the ICC to date. In the Bemba et al case, Trial Chamber VII found Jean-Pierre Bemba Gombo, two members of his defence team and two associates guilty of corruptly influencing 14 defence witnesses and presenting false evidence to the Court in the Bemba main case. In the Ntaganda case, allegations of attempted witness interference by the accused were first made in the pre-trial period, and have continued to be raised by the Prosecution during the ongoing trial.

Key areas covered by the 2017 IBA Discussion Paper include:
1. Implementing the ICC’s jurisdiction over offences against the administration of justice consistent with international standards of fairness
2. The roles of the prosecution and judges in implementing Article 70 offences
3. Taking Article 70 forward