Comments on: Can the Pope Be Arrested in Connection with the Sexual Abuse Scandal?

By: Sex Abuse victims urge ICC invetigation.

Sex Abuse victims urge ICC invetigation. — Tue, 13 Sep 2011 18:26:05 +0000

[...] Some interesting points towards the end of this article in the European Journal of International Law forum; But, even if these acts amounted [...]

By: Notes on The Pope « Though Cowards Flinch

Notes on The Pope « Though Cowards Flinch — Fri, 17 Sep 2010 16:29:49 +0000

[...] the Vatican fails to contain even the most basic tenet of a state: people. Looking at the issue Dapo Akande, writing for the European Journal of International Law, says that: The size of population or territory are irrelevant for the purposes of Statehood. What [...]

By: Steven Rose

Steven Rose — Tue, 27 Apr 2010 04:31:38 +0000

Thank you for your article. I’ve been following the proceedings to have the pope arrested upon his visit to England, and I appreciate your blog explaining (or trying to explain) that the Vatican or the Holy See and it’s pope is in some way or another a head of state and therefore immune.

They sure know what they’ve been doing. The Roman church has been working the system with various international govt’s for centuries. Popes over the centuries have been in cahoots with the world’s most powerful leaders – including Hitler. It comes as no surprise to me that the Holy See or whoever they are – “episcopal corporation” – has established a legal toe hold for it’s own protection and survival.

No other church in the world is as established as the Roman Church and I think it’s completely preposterous that a religeon – yes that’s all they are…. just a religeon – has been protecting itself from all legal standpoints because they knew the mistreatment of children at the hands of their priests and bishops was coming. They’ve known all along.

We all fail to forget that the Roman Church is called the “Roman” church because it is the only direct link to what was once known as the Roman Empire. They wrote the book on state building – so it comes as no surprise that some kind of stately status was so carefully prepared.

Whether the pope is ammune to persecution or not does not change my mind that he is evil and the Roman Church is evil. I pray for it’s complete and utter downfall.

By: marino

marino — Mon, 26 Apr 2010 21:14:35 +0000

Those people who wanna make the arrest campaign are looking to be famous and make an advertisement to their person.
And surely making a campaign on the Pope would be a good deal to be famous and make propaganda…

Concerning the sex abuse, well at the end we are not Gods. We do make mistakes, no one is without sins, and the person who abused should be punished.

By: Pontiffy « The Lure

Pontiffy « The Lure — Mon, 26 Apr 2010 21:07:11 +0000

[...] From this post, “campaigners and lawyers say they will seek an arrest warrant by the International Criminal [...]

By: Is the Pope Criminally Culpable? | General Blog

Is the Pope Criminally Culpable? | General Blog — Tue, 20 Apr 2010 12:27:05 +0000

[...] Addison on the Religion Law Blog, ‘Skeptic Lawyer,’ Ivor Roberts at Times Online, and Dapo Akande on European Journal of International Law blog. The U.N. at its inception refused membership to the Vatican (U.S. Secretary of State Cordell Hull [...]

By: Can the Pope be arrested when he visits Britain? | Old Testamentnow

Can the Pope be arrested when he visits Britain? | Old Testamentnow — Mon, 19 Apr 2010 23:06:53 +0000

[...] the barrister I interviewed on Sunday, who summarizes his opinion here. Similar reasoning is offered by Dapo Akande, who lectures in Public International Law at Oxford. Both lawyers argue that Pope Benedict enjoys [...]

By: Tosk59

Tosk59 — Sat, 17 Apr 2010 19:25:26 +0000

And what about General Noriega??
Re: <>

By: Dapo Akande

Dapo Akande — Fri, 16 Apr 2010 13:04:31 +0000

The ICJ’s statement is para. 61 of the Arrest Warrant case is overly broad. Yes certain Statutes remove immunity but the question is for whom? My argument is that the immunity is removed only for those who are bound by the instrument that removes the immunity. In the case of the ICTY and ICTR that would be all States since the instrument removing the immunity is a binding Security Council decision. In the case of the ICC, immunity is removed for parties. The position regarding the Nuremberg and Tokyo tribunals are more complicated. Arguably, both were created by States exercising the sovereign powers of Germany and Japan respectively.

By: Guy

Guy — Fri, 16 Apr 2010 10:26:53 +0000

Unfortunately, the ICJ did not say much. It said ‘an incumbent or former Minister for Foreign Affairs may be subject to criminal proceedings before certain international criminal courts, where they have jurisdiction’. The issue is whether the ICC has personal jurisdiction over ministers/heads of state of non-state members of the ICC.