WSJ gets it wrong on the ICC and head of state immunity

July 28th, 2008 • Africa, Conflict, Law, UN

Kevin Heller dismantles a WSJ article on the ICC and Sudan. Interesting comments on how head of state immunity works in the context of the ICC as well. Art 103 of the UN Charter gives UNSC resolutions eminence over other obligations. Thus the UNSC can revoke head of state immunity. Thus the UNSC can refer cases to the ICC and revoke head of state immunity even if the state in question, Sudan, isn’t a party to the Rome Statute (which under Art 27 provides that States waive their immunity upon ratification).

Popularity: 1% [?]

Related posts:

1. Limits of UN Security Council Powers and the ICC
2. More on Security Council Referral to the ICC
3. The ICC and the Security Council Referral Power
4. The ICC succeeding in Sudan
5. ICC, Jurisdiction and the Security Council

Tags: icc, immunity, WSJ

Trackback URI.