“The Power of the SC to Adopt and Refer a Resolution to the ICC Prosecutor for Crimes Committed by Presiding Head of States/Governments: With Special Emphasis on President Al-Beshir of the Sudan”
No Thumbnail Available
Date
2011-10
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Addis Ababa University
Abstract
The term “global village” was coined to describe the smallness of the earth on which we live. With the
invention of jet engine, telephone and telegraph, vast spaces and long distances have shrunk considerably.
With the invention of internet and mobile phone, the countries of the world have been reduced to the
status of neighborhood. We all now live in the same country, but different neighborhoods. What is
happening in one corner of a neighborhood can be easily known in all corners. If the happening has a
constructive effect, the innovators will be rewarded. Nonetheless, if the happening has a destructive
effect, the perpetrators will be sanctioned. This is because what has happened at a distinct corner of the
world is considered as benefiting or harming the over-all world community.
Although those who harm the world community are not few and are from different countries, the gist of
the thesis is restricted to abusive Heads of States/Governments who are suspected by their actions that
have a destructive effect, with a special emphasis on the situation of Darfur, Sudan. When such persons
are suspected of committing international crimes, the UN Security Council adopts a resolution and refers
the matter to the ICC prosecutor.1
Thus, the UN Security Council had adopted a resolution, for the first time, on the situation of Darfur,
Sudan, and referred it to the ICC prosecutor. The prosecutor in turn had indicted Omar Hassan al-Bashir,
the presiding Head of State of the Republic of the Sudan. After examining the case, the ICC had issued an
arrest warrant.
The UN member states are duty bound to respect the decisions passed by the UN Security Council, and
cooperate for its implementation.2 Yet, up until today, Omar Hassan al-Bashir had travelled to many
places of the member states but no country is willing to arrest and hand him over to the ICC. Of course,
there are principles on immunities that shield Head of States/Governments not to be tried at other states’
courts. However, do these immunities be extended to shield them not to appear to international courts?
To come up with fruitful suggestions, relevant international treaties, customary international law,
principles of international law, international court decisions and other subsidiary sources have been
carefully analyzed. By so doing, it is witnessed that the UN Security Council has the power to adopt a
resolution and refer it to the ICC prosecutor, although the legality and precedence is questionable,
because it may offend the perpetrators’ national justice institutions. Moreover, it is assured that
immunities of the Head of States/Governments do not shield them from appearing in the ICC.
Description
Keywords
The term “global village” , coined to describe the smallness