Immunities of Heads of States & The International Criminal Court

This talk considered the recent decision by the Appeals Chamber of the International Criminal Court, in the case against former Sudanese President Omar Al Bashir, that heads of states and other senior state officials are not immune, under customary international law, from the jurisdiction of international tribunals. It was argued that the finding is not only wrong as a matter of law but failed to properly understand the legal basis on which the Court exercises its criminal jurisdiction. There was a clearer and more persuasive basis on which to hold that the former President Bashir was not immune from arrest and surrender to the Court. This talk explored the implications of the ICC\u27s ruling for the Court as an international institution