Comments on: Is the Rift between Africa and the ICC Deepening? Heads of States Decide Not to Cooperate with ICC on the Bashir Case http://www.ejiltalk.org/is-the-rift-between-africa-and-the-icc-deepening-heads-of-states-decide-not-to-cooperate-with-icc-on-the-bashir-case/ Blog of the European Journal of International Law Thu, 09 Feb 2012 00:55:12 +0000 hourly 1 http://wordpress.org/?v=3.3 By: Kenneth Kulundu http://www.ejiltalk.org/is-the-rift-between-africa-and-the-icc-deepening-heads-of-states-decide-not-to-cooperate-with-icc-on-the-bashir-case/comment-page-1/#comment-12413 Kenneth Kulundu Thu, 08 Dec 2011 08:40:05 +0000 http://www.ejiltalk.org/?p=1266#comment-12413 Hi Dapo, you suggest that the AU can obtain stay of a request for surrender before the ICC. Do they have the locus standi to do so AS THE AU? I would have thought not Hi Dapo, you suggest that the AU can obtain stay of a request for surrender before the ICC. Do they have the locus standi to do so AS THE AU? I would have thought not

]]> By: M Alkarouri http://www.ejiltalk.org/is-the-rift-between-africa-and-the-icc-deepening-heads-of-states-decide-not-to-cooperate-with-icc-on-the-bashir-case/comment-page-1/#comment-3154 M Alkarouri Sun, 03 Oct 2010 08:33:14 +0000 http://www.ejiltalk.org/?p=1266#comment-3154 You raise important points. There is a difference however between enforcing a ruling or enforcing jurisdiction on the one hand, and treating a non-signatory as party to a statue it did not ratify. The Rome statute was designed as a treaty between states, at arm's length from the UN. It can be seen as a treaty between states. It can thus be argued that the Vienna Convention should apply here, and that Sudan may not be assumed to accede to the treaty involuntarily. So, while the SC may elect to enforce additional conditions, treating Sudan as a signatory is not a tool that is in line with international law. I hope that you can address this point. You raise important points. There is a difference however between enforcing a ruling or enforcing jurisdiction on the one hand, and treating a non-signatory as party to a statue it did not ratify.

The Rome statute was designed as a treaty between states, at arm’s length from the UN. It can be seen as a treaty between states. It can thus be argued that the Vienna Convention should apply here, and that Sudan may not be assumed to accede to the treaty involuntarily. So, while the SC may elect to enforce additional conditions, treating Sudan as a signatory is not a tool that is in line with international law.

I hope that you can address this point.

]]> By: Lucky Mgimba http://www.ejiltalk.org/is-the-rift-between-africa-and-the-icc-deepening-heads-of-states-decide-not-to-cooperate-with-icc-on-the-bashir-case/comment-page-1/#comment-2940 Lucky Mgimba Thu, 26 Aug 2010 09:07:44 +0000 http://www.ejiltalk.org/?p=1266#comment-2940 i do not object the position of African countries stretching their relationship with the ICC however i do challenge the fact that African countries have only been standing firm on decisions solely based on politics, which is a great weakness. I think this stand with the ICC is the greatest firm decision that Africa has ever stood up upon basing upon the general established rules of sovereignty, immunity, and international law in general. We should ask our selves, where are the so well founded general principles of immunity of heads of states, where is the justice if only African impunities are the only ones seen. And most importantly where is the SUPREMACY OF INTERNATIONAL LAW; in that how can a treaty provision over ride an established principle of international law and however what about Justice Vis-a-Vis peace i do not object the position of African countries stretching their relationship with the ICC however i do challenge the fact that African countries have only been standing firm on decisions solely based on politics, which is a great weakness. I think this stand with the ICC is the greatest firm decision that Africa has ever stood up upon basing upon the general established rules of sovereignty, immunity, and international law in general.
We should ask our selves, where are the so well founded general principles of immunity of heads of states, where is the justice if only African impunities are the only ones seen. And most importantly where is the SUPREMACY OF INTERNATIONAL LAW; in that how can a treaty provision over ride an established principle of international law and however what about Justice Vis-a-Vis peace

]]> By: Is it legal to arrest Al Bashir? Akande v. Gaeta http://www.ejiltalk.org/is-the-rift-between-africa-and-the-icc-deepening-heads-of-states-decide-not-to-cooperate-with-icc-on-the-bashir-case/comment-page-1/#comment-337 Is it legal to arrest Al Bashir? Akande v. Gaeta Tue, 21 Jul 2009 14:29:08 +0000 http://www.ejiltalk.org/?p=1266#comment-337 [...] this request”; and contrary to this is Dapo Akande, also writing in the JICJ (and over at EJIL:Talk!), arguing that “the effect of the Security Council referral is that Sudan is to be regarded [...] [...] this request”; and contrary to this is Dapo Akande, also writing in the JICJ (and over at EJIL:Talk!), arguing that “the effect of the Security Council referral is that Sudan is to be regarded [...]

]]> By: Patthara Limsira http://www.ejiltalk.org/is-the-rift-between-africa-and-the-icc-deepening-heads-of-states-decide-not-to-cooperate-with-icc-on-the-bashir-case/comment-page-1/#comment-321 Patthara Limsira Tue, 07 Jul 2009 06:25:53 +0000 http://www.ejiltalk.org/?p=1266#comment-321 Dear Dapo Akande, Thank you for sharing this article. May I ask what do you believe that is going to happen next? As my little understanding of the African region, where is the test ground for international criminal law. What is your legal reason for AU not to corporate with ICC? From what I read in the newspaper about what happen in Sudan, head of state as civilian commander must take superior responsibility, right? Dear Dapo Akande,

Thank you for sharing this article. May I ask what do you believe that is going to happen next? As my little understanding of the African region, where is the test ground for international criminal law.
What is your legal reason for AU not to corporate with ICC?
From what I read in the newspaper about what happen in Sudan, head of state as civilian commander must take superior responsibility, right?

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