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Some Remarks on the Legal Implications of Foreign Visits by Sudanese President Omar Al Bashir After the ICC Arrest Warrant

May 11, 2009

Materneau Chrispin

Materneau Chrispin is currently a PhD Candidate in International Law at the University of Lausanne, Switzerland On March 4, 2009, Pre-Trial Chamber I of the International Criminal Court (ICC) issued an Arrest Warrant against Omar Al Bashir (see here), the current Head of State of Sudan. That warrant was the latest step taken against Al Bashir in the criminal proceedings that have been initiated against him as indirect perpetrator or indirect co-perpetrator of various counts of crimes against humanity and war crimes, which fall under ICC jurisdiction. Al Bashir's reaction to the issuance of that arrest warrant has been the rejection of such warrant, open mockery and defiance of the ICC. Moreover, Sudanese authorities have also expelled many foreign NGOs providing assistance to the victims of the conflict in Darfur, especially refugees. The move by the ICC has been criticized by many as being untimely and somewhat unhelpful in view of all the political considerations to be taken into account relative to the ongoing conflict in Darfur.

Second Thoughts on the Crime of Aggression

April 9, 2009

Andreas Paulus

Professor Andreas Paulus holds the Chair of Public and International Law at Georg-August-University Göttingen. He is a member of the Scientific Advisory Board of the European Journal of International Law. He has served as counsel of the Federal Republic of Germany in the LaGrand case (Germany vs. United States) and as Adviser to the German team…

Would the addition of a Genocide Charge to the Bashir Arrest Warrant Change the Position on Immunity?

March 24, 2009

Dapo Akande

The Pre-Trial Chamber of the ICC issued an arrest warrant for Sudanese President Omar Bashir only with respect to war crimes and crimes against humanity and rejected the Prosecutor's request for a charge of genocide. Marko (and Kevin Jon Heller at Opinio Juris) have (rightly, in my view) criticized the reasoning by which the majority…

Distinctions between the Legal Position of ICC Parties and Non-Parties Regarding Aggression

March 21, 2009

Dapo Akande

The International Criminal Court (ICC) recently released the latest report of the Special Working Group (of the Assembly of States Parties) on the Crime of Aggression. Art. 5 of the ICC Statute includes the crime of aggression as one of the crimes within the jurisdiction of the Court. However, the Court may only exercise jurisdiction over it once a provision has been adopted…

Who is Obliged to Arrest Bashir?

March 13, 2009

Dapo Akande

Last week, the International Criminal Court issued an arrest warrant for the Sudanese President, Omar Al Bashir. The Pre-Trial Chamber of the ICC directed the ICC Registry to transmit a request for arrest and surrender of Bashir to (i) all States Parties to the ICC Statute and (ii) all United Nations Security Council members that are not States…

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