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Title
The continuing story of the International Criminal Court and personal immunities |
Full text
http://hdl.handle.net/11245/1.522305 |
Date
2015 |
Author(s)
H. van der Wilt |
Abstract
The International Criminal Court has issued a warrant of arrest for the arrest and surrender of the incumbent president of Sudan, AlBashir, holding that his current position as Head of State is not an obstacle for the Court's jurisdiction. After Chad and Malawi had refused to surrender Al Bashir, the Pre Trial Chamber held these states liable for their failure to comply with the cooperation requests. This article argues that immunities are fundamentally incompatible with international criminal justice. That position can be sustained by addressing the rationales for personal and functional immunities. Different from what is often contended, these rationales do not diverge very much. Both reflect the intimate relationship between states and their representatives in that the infringement of immunity is considered as an affront to the sovereign power of the state. As international criminal justice by definition entails a partial erosion of the sovereignty of the state, the immunity of heads of states and other high officials cannot be left untouched. |
Language
en |
Publisher
Amsterdam Center for International Law, University of Amsterdam, Amsterdam |
Type of publication
pre-print - working paper |
Rights
It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content licence (like Creative Commons). |
Repository
Amsterdam - UvaPub, University of Amsterdam
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Added to C-A: 2016-06-09;08:41:31 |
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