Hostname: page-component-78c5997874-g7gxr Total loading time: 0 Render date: 2024-11-20T01:09:37.908Z Has data issue: false hasContentIssue false

Certain Criminal Proceedings in France; (Republic of the Congo v. France)

International Court of Justice.  16 November 2010 ; 17 June 2003 .

Published online by Cambridge University Press:  04 February 2021

Get access

Abstract

International Court of Justice — Provisional measures of protection — Criteria — Prima facie basis for jurisdiction — Forum prorogatum — State consent to jurisdiction of International Court of Justice — Rules of the Court, Article 38 — Risk of irreparable prejudice — Link between risk of prejudice and rights claimed in the Application — Relevance of full extent of possible harm — Relevance of wider political consequences — Urgency — Non-extension and non-aggravation of dispute — Whether provisional measures required to prevent aggravation or extension of dispute — Removal of case from List

State immunity — Head of State — Senior officials — Sovereign equality of States — Whether judicial investigation of foreign State officials violating principle of sovereign equality — Whether risk of irreparable prejudice to immunities

Diplomatic relations — Risk of irreparable prejudice to diplomatic relations — Whether judicial investigation of foreign State officials constituting risk of irreparable prejudice to diplomatic relations between States

Relationship of international law and municipal law — Head of State immunity — Compatibility of domestic criminal powers with principle of head of State immunity — Sovereign equality — Compatibility of domestic criminal powers with the principle of sovereign equality

Type
Case Report
Copyright
© Cambridge University Press 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)