Publication details
The ICC Arrest Warrant for the Sudanese President Omar al-Bashir in Connection with his Visit to the Republic of South Africa
| Authors | |
|---|---|
| Year of publication | 2016 |
| Type | Article in Periodical |
| Magazine / Source | Czech Yearbook of Public & Private International Law |
| Citation | |
| Web | https://cld.bz/bookdata/UEf7EY/basic-html/page-344.html |
| Keywords | International Criminal Court; immunities; arrest warrant; Omar al-Bashir; Sudan; Security Council referral; South African Republic |
| Description | In 2005 the UN Security Council referred the situation in Sudan to the International Criminal Court for investigation of crimes under international law committed in the Darfur province. This paper deals with the ICC arrest warrant for the sitting Sudanese President Omar al-Bashir. It discusses the relationship between customary immunities in international law and their non-applicability according to the Rome Statute of the ICC. The Article explains the differences in interpretation of this relationship and presents legal arguments in support of the arrest of the accused Head of State. Moreover, the practical importance of the arguments is explained with regard to the events of June 2015, when Omar al-Bashir visited South Africa and was enabled to flee the country in spite of a ruling of a domestic court that supported the execution of the ICC arrest warrant. |