Diplomatic Immunity

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Is IMF Managing Director (DSK) Entitled to Immunity from Prosecution?

I intended to write a post explaining why International Monetary Fund (IMF) Managing Director, Dominique Strauss-Kahn (DSK), does not have immunity under the applicable treaties dealing with the immunity of the IMF and its employees. However, Chimene Keitner has beaten me to it and written an excellent piece over at Opinio Juris. I agree with the points that she makes and recommend her piece to readers. In summary, although Article VI, Section 22 of the 1947 Convention on the Privileges and Immunities of United Nations Specialized Agencies provides that "the executive head of each specialized agency . . . the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law", and even though diplomatic envoys have absolute immunity from criminal jurisdiction of foreign States, the United States is not a party to that treaty. This means that the only relevant treaty is the IMF Articles of Agreement which provides in Article IX, Section 8(i) that IMF Staff, "shall be immune from legal process with respect to acts performed by them in their official capacity except…

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Yet More on Arresting the Pope

In more news on the prosecute the Pope front (see Dapo's earlier post), Christopher Hitchens, that glorious contrarian and one of the originators of the whole idea, has an article in Newsweek in which he elaborates on the legal strategy that, shall we say, the anti-Pope movement will adopt in advance of the Pope's planned visit to the…

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

The sexual abuse scandal surrounding the Catholic Church has taken a new turn in recent weeks with calls for the Pope to be prosecuted  for crimes against humanity. The Pope is due to visit the UK in September this year and some prominent campaigners and lawyers have argued that he should be arrested in the UK  and prosecuted…

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Should the ICC Appeals Chamber have a made a decision on Bashir’s Immunity?

Readers will probably know by now that the ICC Appeals Chamber handed down a decision on February 3 reversing the Pre-Trial Chamber's 2009 decision not to issue a warrant of arrest for Sudanese President Bashir with respect to the charge of genocide in Darfur. The Pre-Trial Chamber (PTC) issued an arrest warrant with respect to war crimes and crimes against humanity but held…

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Is Sudanese President Bashir Immune from Arrest?

In a post last week, I mentioned a forthcoming article of mine dealing with Bashir's Immunity. That article titled "The Legal Nature of Security Council Referrals to the ICC and its Impact on Al'Bashir's Immunities" has now been published in the latest issue of the Journal of International Criminal Justice (available here).  The  abstract of my article is as…

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