Referrals to the International Criminal Court Under Chapter VII of the United Nations Charter and the Immunity of Foreign State Officials
This contribution explores the implications of United Nations Security Council (UNSC) referrals under Chapter VII of the Charter of the United Nations to the International Criminal Court (ICC) for the immunity ratione personae of officials of states that are not party to the ICC Statute. While Artic...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2018-01-01
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| Series: | AJIL Unbound |
| Online Access: | https://www.cambridge.org/core/product/identifier/S2398772318000132/type/journal_article |
| _version_ | 1811157430553280512 |
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| author | Erika de Wet |
| author_facet | Erika de Wet |
| author_sort | Erika de Wet |
| collection | DOAJ |
| description | This contribution explores the implications of United Nations Security Council (UNSC) referrals under Chapter VII of the Charter of the United Nations to the International Criminal Court (ICC) for the immunity ratione personae of officials of states that are not party to the ICC Statute. While Article 13(b) of the ICC Statute allows the ICC to receive referrals of situations by the UNSC, disagreement remains among authors as to when such a referral removes the customary immunity attached to a head of state of a nonstate party to the ICC Statute. In particular, it remains disputed whether the broad obligation placed on Sudan by UNSC Resolution 1593 (2005) had the implicit effect of doing so. In referring the situation in Darfur (Sudan) to the ICC under Chapter VII of the UN Charter, the UNSC determined that “the government of Sudan, and all other parties to the conflict in Darfur, shall cooperate fully with and provide any necessary assistance to the Court and the prosecutor pursuant to this resolution.” |
| first_indexed | 2024-04-10T05:06:14Z |
| format | Article |
| id | doaj.art-99b00adc1acb40de911f99026e640d34 |
| institution | Directory Open Access Journal |
| issn | 2398-7723 |
| language | English |
| last_indexed | 2024-04-10T05:06:14Z |
| publishDate | 2018-01-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | AJIL Unbound |
| spelling | doaj.art-99b00adc1acb40de911f99026e640d342023-03-09T12:27:07ZengCambridge University PressAJIL Unbound2398-77232018-01-01112333710.1017/aju.2018.13Referrals to the International Criminal Court Under Chapter VII of the United Nations Charter and the Immunity of Foreign State OfficialsErika de Wet0SARChI Professor of International Constitutional Law, University of Pretoria (South Africa), and Honorary Professor, University of Bonn (Germany).This contribution explores the implications of United Nations Security Council (UNSC) referrals under Chapter VII of the Charter of the United Nations to the International Criminal Court (ICC) for the immunity ratione personae of officials of states that are not party to the ICC Statute. While Article 13(b) of the ICC Statute allows the ICC to receive referrals of situations by the UNSC, disagreement remains among authors as to when such a referral removes the customary immunity attached to a head of state of a nonstate party to the ICC Statute. In particular, it remains disputed whether the broad obligation placed on Sudan by UNSC Resolution 1593 (2005) had the implicit effect of doing so. In referring the situation in Darfur (Sudan) to the ICC under Chapter VII of the UN Charter, the UNSC determined that “the government of Sudan, and all other parties to the conflict in Darfur, shall cooperate fully with and provide any necessary assistance to the Court and the prosecutor pursuant to this resolution.”https://www.cambridge.org/core/product/identifier/S2398772318000132/type/journal_article |
| spellingShingle | Erika de Wet Referrals to the International Criminal Court Under Chapter VII of the United Nations Charter and the Immunity of Foreign State Officials AJIL Unbound |
| title | Referrals to the International Criminal Court Under Chapter VII of the United Nations Charter and the Immunity of Foreign State Officials |
| title_full | Referrals to the International Criminal Court Under Chapter VII of the United Nations Charter and the Immunity of Foreign State Officials |
| title_fullStr | Referrals to the International Criminal Court Under Chapter VII of the United Nations Charter and the Immunity of Foreign State Officials |
| title_full_unstemmed | Referrals to the International Criminal Court Under Chapter VII of the United Nations Charter and the Immunity of Foreign State Officials |
| title_short | Referrals to the International Criminal Court Under Chapter VII of the United Nations Charter and the Immunity of Foreign State Officials |
| title_sort | referrals to the international criminal court under chapter vii of the united nations charter and the immunity of foreign state officials |
| url | https://www.cambridge.org/core/product/identifier/S2398772318000132/type/journal_article |
| work_keys_str_mv | AT erikadewet referralstotheinternationalcriminalcourtunderchapterviioftheunitednationscharterandtheimmunityofforeignstateofficials |