The Call of Justice: Obligations Under the Genocide Convention to Cooperate with the International Criminal Court

34 Pages Posted: 6 Aug 2013

See all articles by Matthew Gillett

Matthew Gillett

Office of the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia

Date Written: September 6, 2012

Abstract

This article explores the legal obligations incumbent on states to execute the International Criminal Court arrest warrants against the Sudanese President, Omar Hassan Ahmad Al Bashir. It focuses on obligations arising under the Genocide Convention of 1948. In assessing these obligations, the analysis takes into account the Rome Statute, United Nations Security Council Resolution 1593, and the Judgement of the International Court of Justice in the Bosnian Genocide case. The analysis concludes that there is an inherent obligation in the Genocide Convention to cooperate with international proceedings on genocide charges and that this obligation has been activated by Resolution 1593. Accordingly, United Nations Member States that are parties to the Genocide Convention are under a duty to arrest Bashir and surrender him to the ICC, irrespective of whether they are States Parties to the Rome Statute. The analysis further shows that, because of the terms of Resolution 1593, Sudan is estopped from asserting Head of State immunity, leaving no legal impediment to the surrender of Bashir to the Court.

Keywords: International Criminal Court, Genocide Convention, Immunity, United Nations Security Council

Suggested Citation

Gillett, Matthew, The Call of Justice: Obligations Under the Genocide Convention to Cooperate with the International Criminal Court (September 6, 2012). Available at SSRN: https://ssrn.com/abstract=2306527 or http://dx.doi.org/10.2139/ssrn.2306527

Matthew Gillett (Contact Author)

Office of the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia ( email )

UN-ICTY
P.O. Box 13888
The Hague, Zuid-Holland 2501 EW
Netherlands

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