In March 2009 and June 2011, the ICC issued two arrest warrants, for crimes against humanity and war crimes, against the Sudanese and Libian Heads of State, Omar Al-Bashir and Muammar Gheddafi, respectively. It found that their personal immunity against foreign criminal jurisdiction under general international law was precluded by Article 27 of the ICC Statute. However, neither Sudan nor Libya was a Party to the Statute, thus that Article did not apply. The situations of the crimes committed in their territories were referred to the Court by the UNSC, in order to enforce state responsibility for serious breaches of international obligations protecting fundamental interests of the international community as a whole. The irrelevance of incumbent Heads of State's jurisdictional immuntity may be seen as a part of the legal content of that form of state responsibility, which grounds the power of the ICC to prosecute them.

Immunità personali dei Capi di Stato dalla giurisdizione della Corte penale internazionale e responsabilità statale per gravi illeciti internazionali

CIMIOTTA, EMANUELE
2011

Abstract

In March 2009 and June 2011, the ICC issued two arrest warrants, for crimes against humanity and war crimes, against the Sudanese and Libian Heads of State, Omar Al-Bashir and Muammar Gheddafi, respectively. It found that their personal immunity against foreign criminal jurisdiction under general international law was precluded by Article 27 of the ICC Statute. However, neither Sudan nor Libya was a Party to the Statute, thus that Article did not apply. The situations of the crimes committed in their territories were referred to the Court by the UNSC, in order to enforce state responsibility for serious breaches of international obligations protecting fundamental interests of the international community as a whole. The irrelevance of incumbent Heads of State's jurisdictional immuntity may be seen as a part of the legal content of that form of state responsibility, which grounds the power of the ICC to prosecute them.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11573/433085
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