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Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium)

International Court of Justice.  08 December 2000 ; 14 February 2002 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International criminal law — Jurisdiction — Universal — Whether exercise of universal jurisdiction in absentia consistent with international law — Issue and international circulation of arrest warrant — Relationship between jurisdiction and immunities — Distinction between immunity from jurisdiction and impunity — War crimes — Crimes against humanity

State immunity — Jurisdictional immunities — Foreign minister — Purpose of immunities — Whether immunities of Head of State and diplomatic agents relevant to determining immunities of incumbent foreign minister — Whether incumbent foreign minister enjoying full immunity from criminal prosecution and inviolability during period of office — Whether official and private acts covered during term of office — Whether immunity remaining after person concerned has ceased to hold office — Whether exception to immunity in cases where person accused of war crimes and crimes against humanity — Issue and international circulation of arrest warrant — Whether violating immunity even if warrant not enforced

International Court of Justice — Jurisdiction — Optional Clause — Statute of the Court, Article 36(2) — Declaration accepting jurisdiction of the Court — Date at which jurisdiction to be established — Definition of a legal dispute — Existence of a legal dispute concerning arrest warrant — Whether events subsequent to act instituting proceedings depriving Court of jurisdiction

International Court of Justice — Admissibility — Date at which question of admissibility to be determined — Effect of events which occurred after the filing of Application — Whether dispute transformed into one of a radically different character — Whether adjudication would seriously jeopardize principle of procedural fairness and administration of justice — Whether Application deprived of object — Whether request for provisional measures deprived of object

International Court of Justice — Procedure — Claim in Application instituting proceedings not made in final submissions — Effect of non ultra petita rule — Whether Court permitted to rule on withdrawn claim in operative part of Judgment — Whether Court permitted to consider elements of withdrawn claim in reaching decision

International Court of Justice — Provisional measures of protection — Requirement of prima facie jurisdiction — Object of provisional measures — Preservation of respective rights of the Parties pending decision on the merits — Criteria for indication of provisional measures — Risk of irreparable prejudice to rights — Urgency — Whether provisional measures required in circumstances of case

Type
Case Report
Copyright
© Cambridge University Press 2007

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