The African Union

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Head of State Immunity is not the same as State Immunity: A Response to the African Union’s Position on Article 98 of the ICC Statute

Jens Iverson is a researcher for the Jus Post Bellum Project at the Grotius Centre for International Legal Studies, University of Leiden, the Netherlands. On 9 January 2012, the African Union (AU) Commission issued a press release responding to the decisions (see here and here) issued by Pre-Trial Chamber I of the International Criminal Court (ICC) last December regarding the “alleged” failure by Chad and Malawi to comply with the cooperation requests with respect to the arrest and surrender of President Al Bashir of Sudan (For previous EJIL:Talk! Commentary on the ICC decisions and the AU response see here and here). In the press release, the AU makes the  assertion that the decision has the effect, inter alia, of: "Rendering Article 98 of the Rome Statute redundant, non-operational and meaningless." There has been much discussion (including…

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The African Union’s Response to the ICC’s Decisions on Bashir’s Immunity: Will the ICJ Get Another Immunity Case?

After deciding the Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) case (about which I and others will have more to say on the blog soon), there is the prospect of the International Court of Justice (ICJ) being asked to decide another immunity case. At the summit of the Assembly of the African Union held last week in Addis…

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The African Union takes on the ICC Again: Are African States Really Turning from the ICC?

In the latest summit meeting of the African Union (AU) held in Malabo, Equitorial Guinea, the AU Assembly of Heads of States and Governments has reiterated its opposition to a number of prosecutions at the International Criminal Court (ICC). Readers will recall that all the situations under investigation and prosecution at the ICC relate to African countries. While…

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The Obligation of African Union States to Implement ICC Arrest Warrants

Max Du Plessis is associate professor at the University of KwaZulu-Natal and Senior Research Associate at the International Crimes in Africa Programme of the Institute for Security Studies. Chris Gevers is a lecturer at the Faculty of Law at the University of KwaZulu-Natal. Earlier this week, Dapo had a post dealing with the…

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Bill Schabas on the African Union’s Proposal to Amend Article 16

Professor Bill Schabas has written on his blog  (see his post here) about the recent paper co-authored by Charles Jalloh, Max du Plessis and me on the African Union's (AU) proposal to amend Article 16 of the ICC Statute (see earlier post on this paper here). Prof. Schabas was a member of the expert group convened by…

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