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Can the United States Deny Sudanese President Bashir a Visa to Attend the UN General Assembly or Arrest Him?

The Sudanese Government has applied to the United States for a visa that will enable Sudanese President Omar Al-Bashir to attend the United Nations General Assembly session which starts this week (see BBC report here). The International Criminal Court issued an arrest warrant for Bashir in 2009 and whenever he has travelled abroad since then questions have arisen as to whether the host state ought to arrest him or not. The United States is, of course, not a party to the ICC Statute and therefore does not have an obligation to arrest Bashir. With respect to the US two questions arise. First, may the US deny Bashir entry to the US given that Bashir is seeking to attend the UN General Assembly as a representative of Sudan? Second, if Bashir were to be granted a visa and permitted entry, may the US arrest him whilst there for the GA session? I foreshadowed these very issues in the final section of a an article I wrote on Bashir’s Immunities, in the 2009 volume of…

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Mothers of Srebrenica: The Obligation to Prevent Genocide and Jus Cogens – Implications for Humanitarian Intervention

Manuel J. Ventura is a Director of The Peace and Justice Initiative and Dapo Akande is editor of EJIL:Talk! The June 2013 decision of the European Court of Human Rights (ECtHR) in Stichting Mothers of Srebrenica and Others v. The Netherlands is the latest phase in the attempts by the relatives…

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Mr. Kadi and Article 103 (A Poem)

Professor James Crawford SC FBA is Whewell Professor of International Law at the University of Cambridge While wandering through a wadi in the wastes of Saudi I came across Mr Kadi cracking rather hardy. I said ‘you must feel blue at what they’ve done to you’; he said to me…

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What is the Meaning of “Consensus” in International Decision Making?

On 28 March, the negotiators at the Final UN Diplomatic Conference on the Arms Trade Treaty failed to adopt the Arms Trade Treaty (see BBC report here) by consensus.  A few days later the Arms Trade Treaty was adopted by the United Nations General Assembly (by a vote of 154 in favour, three against and 23 abstentions…

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Isaiah’s Echo: Progress, Prophecy, and the UN Charter

John Louth is Editor-in-Chief of Academic Law at Oxford University Press The phrase “swords into plowshares” has been adopted by countless organizations campaigning for peace and is also frequently associated with the UN’s mission and international law more broadly. The full quote comes from the book of the Prophet Isaiah: “He…

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