Descripción
Sumario:This paper examines the difficulties regarding the applicable law and jurisdictional issues over the detention and the asylum process that arose in the context of the requests for asylum of four detained witnesses and an acquitted accused by the International Criminal Court in the cases of Thomas Lubanga Dyilo, Germain Katanga and Mathieu Ngudholo Chui. Moreover, it analyses the points of agreement and disagreement between international criminal law and international law of refugees. Finally, it explores the consequences of applying the non-refoulement principle and its alleged nature as a peremptory norm of international law.