International Criminal Law

Does the ICC Statute Remove Immunities of State Officials in National Proceedings? Some Observations from the Drafting History of Article 27(2) of the Rome Statute

Dapo Akande, Talita de Souza Dias 14 November 2018

Cross-posted from EJIL:Talk! Following oral hearings held in September, the Appeals Chamber of the International Criminal Court (ICC) is currently deliberating in Jordan’s Appeal of the Pre-Trial Chamber’s decision holding that it had failed to cooperate with the ICC by refusing to arrest and surrender Sudan’s President, Omar Al-Bashir, when he visited Jordan. Central to the determination […]

Looking for Middle Ground on the Immunity of Al-Bashir? Take the Third ‘Security Council Route’

Alexandre Skander Galand 28 October 2018

Cross-posted from EJIL:Talk! On 10-14 September, the Appeals Chamber (AC) of the International Criminal Court (ICC) held hearings in the appeal of Jordan against the decision of Pre-Trial Chamber (PTC) II entitled ‘Decision under article 87(7) of the Rome Statute on the non-compliance by Jordan with the request by the Court for the arrest and surrender […]

Prosecuting “The Beatles” before the ICC: A Gateway for the Opening of an Investigation in Syria?

Alexandre Skander Galand 20 April 2018

Cross-posted from EJIL:Talk! Calls have been mounting for Alexanda Kotey and El Shafee Elsheikh, two fighters captured by the Syrian Kurds, to be tried in the UK, the US, or at the International Criminal Court (ICC) in The Hague. Kotey and Elsheikh were part of a group of four Islamic State militants known as “the […]

South African Withdrawal from the International Criminal Court – Does the ICC Statute Lead to Violations of Other International Obligations?

Dapo Akande 24 November 2016

Cross posted from EJIL:Talk! The relations between the International Criminal Court (ICC) and African States have come to a head once again this week with situation now at its lowest point. The government of South Africa has announced (see here) that it is withdrawing from the Statute of the ICC and that it has submitted its instrument […]

An International Court of Justice Advisory Opinion on the ICC Head of State Immunity Issue

Dapo Akande 2 May 2016

Cross-posted from EJIL:Talk! Earlier this week, I wrote about the recent decision of the South African Supreme Court of Appeal holding that the South African government had violated its obligations in failing to arrest Sudanese President Bashir when he attended the African Union Summit in South Africa last June. That decision is just the […]

The Bashir Case: Has the South African Supreme Court Abolished Immunity for all Heads of States?

Dapo Akande 25 April 2016

Cross-posted from EJIL:Talk! Earlier this month, the South African Supreme Court of Appeal decided unanimously (see the judgment here) that the South African government had breached its obligations under the South African domestic statute implementing the Rome Statute of the International Criminal Court (ICC), and under the Rome Statute, by failing to arrest and detain for surrender […]