PhD researcher Christophe Paulussen examined the position of the International Criminal Court towards suspects who claim to have been irregularly brought before the International Criminal Court. He concludes, among other things, that the International Criminal Court should pay more attention to alleged irregularities in the pre-trial phase – the foundations of the case.

As an institution without a police force, the International Criminal Court (ICC) is dependent on third parties in arresting and surrendering suspects to The Hague. Especially in (post-)conflict areas, the focus of the ICC’s investigations, there is a risk that legal procedures are followed less scrupulously.

Already in the cases Lubanga Dyilo, Katanga and Bemba Gombo, the suspects claimed that problems could be identified with respect to the way they were brought into the jurisdiction of the Court. An example concerned the alleged illegal arrest and detention in the country of origin prior to the formal arrest of the ICC.

Paulussen studied the position of the ICC towards these kinds of claims: so-called male captus claims. He concludes that the ICC theoretically pays much attention to human rights – and that this is to be welcomed – but that it should worry even more about alleged pre-trial irregularities in practice. Only in that way, human rights and other legal guarantees can acquire true significance.

In addition, Paulussen is of the opinion that the ICC should examine more thoroughly whether or not it has the possibility to refuse (the exercise of) jurisdiction in the case of serious male captus cases. In that context, Paulussen asserts that the ICC should embrace an abuse of process-like doctrine, a broad doctrine with which the integrity of the legal proceedings can be supervised. With such a doctrine, the ICC can also properly address male captus claims which, for example, involve alleged violations of State sovereignty, something which does not seem to be possible at present.

Finally, Paulussen argues more generally that the international community must take its role as the enforcer of the ICC seriously. The support of States and international organisations in arresting and surrendering suspects is indispensable to attain the objective of the Court, namely to put an end to impunity.

Christophe Paulussen (Maastricht, 1979) followed the program International and European Law and the Research Master in Law at Tilburg University. His research was financially supported by the Netherlands Organisation for Scientific Research (NWO).Christophe Paulussen defended his PhD thesis on Friday, 24 September at 2 PM in the Auditorium of Tilburg University, Warandelaan 2. Title PhD thesis: Male captus bene detentus? Surrendering suspects to the International Criminal Court. Supervisors: prof.dr. W.J.M. Van Genugten and prof.dr. M.S. Groenhuijsen. For more information, please contact Christophe Paulussen, christophepaulussen@hotmail.com, tel.: 00 31 6 44 912 289.