The Immunity of Heads of States of Nonparties in the Early Years of the ICC

More than any other international criminal tribunal, the International Criminal Court (ICC) has, in its early years, pursued cases against heads of state. The Court issued arrest warrants for President Omar al Bashir of Sudan and for Muammar Gaddafi while he was Libya's head of state, and it ch...

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Main Author: Dapo Akande
Format: Article
Language:English
Published: Cambridge University Press 2018-01-01
Series:AJIL Unbound
Online Access:https://www.cambridge.org/core/product/identifier/S2398772318000569/type/journal_article
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author Dapo Akande
author_facet Dapo Akande
author_sort Dapo Akande
collection DOAJ
description More than any other international criminal tribunal, the International Criminal Court (ICC) has, in its early years, pursued cases against heads of state. The Court issued arrest warrants for President Omar al Bashir of Sudan and for Muammar Gaddafi while he was Libya's head of state, and it charged Uhuru Kenyatta shortly before he became head of state of Kenya. These attempts to prosecute heads of states have not only led to tensions between the Court and the African Union,1 but also pit the desire to hold senior leaders accountable for grave international crimes against the customary international law principle that certain senior state officials—especially heads of state—have immunity from foreign criminal jurisdiction by virtue of their status, including immunity from arrest and their inviolability when abroad.2
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spelling doaj.art-f535476cf1214df5886a879b518719ca2023-03-09T12:27:07ZengCambridge University PressAJIL Unbound2398-77232018-01-0111217217610.1017/aju.2018.56The Immunity of Heads of States of Nonparties in the Early Years of the ICCDapo Akande0Professor of Public International Law, University of Oxford & Fellow, Exeter College, Oxford.More than any other international criminal tribunal, the International Criminal Court (ICC) has, in its early years, pursued cases against heads of state. The Court issued arrest warrants for President Omar al Bashir of Sudan and for Muammar Gaddafi while he was Libya's head of state, and it charged Uhuru Kenyatta shortly before he became head of state of Kenya. These attempts to prosecute heads of states have not only led to tensions between the Court and the African Union,1 but also pit the desire to hold senior leaders accountable for grave international crimes against the customary international law principle that certain senior state officials—especially heads of state—have immunity from foreign criminal jurisdiction by virtue of their status, including immunity from arrest and their inviolability when abroad.2https://www.cambridge.org/core/product/identifier/S2398772318000569/type/journal_article
spellingShingle Dapo Akande
The Immunity of Heads of States of Nonparties in the Early Years of the ICC
AJIL Unbound
title The Immunity of Heads of States of Nonparties in the Early Years of the ICC
title_full The Immunity of Heads of States of Nonparties in the Early Years of the ICC
title_fullStr The Immunity of Heads of States of Nonparties in the Early Years of the ICC
title_full_unstemmed The Immunity of Heads of States of Nonparties in the Early Years of the ICC
title_short The Immunity of Heads of States of Nonparties in the Early Years of the ICC
title_sort immunity of heads of states of nonparties in the early years of the icc
url https://www.cambridge.org/core/product/identifier/S2398772318000569/type/journal_article
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