This week the ICC issued two decisions regarding whether Sudanese President Omar Al Bashir is immune from arrest in ICC parties (see here and here). The decisions were issued in the context of proceedings considering whether Malawi and Chad had breached their obligations of cooperation under the Rome Statute by failing to arrest Bashir…

The Appeals Chamber of the International Criminal Court (ICC) has, this morning, issued what seems to be an extremely controversial decision on Head of State Immunity. At the time of writing, the full written judgment is not yet available in the appeal by Jordan against the decision of the Pre-Trial Chamber referring that state to the UN Security…

Anyone who has studied a general course on international law will certainly be familiar with the criteria for Statehood contained in the Montevideo Convention on the Rights and Duties of States: permanent population; defined territory; government; and capacity to enter into relations with other States. In addition, they may have learned of the argument, put forward most…