International Criminal Court

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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 follows: This article considers whether states are obliged or permittedto arrest Sudanese President Omar al Bashir pursuant to a warrantof arrest issued by the International Criminal Court (ICC).The article considers the extent to which the ICC Statute removesimmunities which would ordinarily be available to state officials.It is argued that the removal of the immunity by Article 27of the ICC Statute applies also at the national level, whennational authorities act in support of the ICC. The articleexamines the application of Article 98 of the ICC Statute andconsiders the legal nature of Security Council referrals tothe ICC. It is argued that the effect of the Security Councilreferral is that Sudan is to be regarded as bound by the…

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Is the Rift between Africa and the ICC Deepening? Heads of States Decide Not to Cooperate with ICC on the Bashir Case

Disclosure: I have acted as consultant to the Commission of the African Union on the question of the relationship between African States and the ICC. Note: This is a long post. If you're interested in whether Bashir is entitled to immunity under the ICC Statute I try to provide answers at the end.

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Africa and the International Criminal Court

This week African States Parties to the Rome Statute of the International Criminal Court will meet in Addis Ababa, Ethiopia to assess the work of the ICC in relation to Africa. The meeting is significant as all of the current situations and cases under investigation and being prosecuted by the ICC arise from the African continent. The meeting…

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ICC Launches Online Library on International Criminal Law

The International Criminal Court has recently launched a new version of its Legal Tools site. The site contains an invaluable online library on international criminal law which will probably be  the first port of call for those working in this field. According to the release announcing the launch: The Legal Tools amount…

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The Field of Exception/the Field of Exclusion — Reflections for Martti Koskenniemi

Editors Note: This post was originally posted on EJIL:Talk! as a comment by Pål Wrange LLM, PhD (Stockholm) in response to last week's discussion on Prof. Koskenniemi's article. Mr Wrange, Principal Legal Advisor on public international law at the Swedish Ministry for Foreign Affairs, is currently on leave of absence and working as a consultant…

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