A Critique of Opposition of the African Union and its Member States with the Criminal Court and its Effects on International Jurisprudence

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SALEHI JAVAD

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2020 | Volume:50 | Issue:2 Page(s): 793-807

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Title

A Critique of Opposition of the African Union and its Member States with the Criminal Court and its Effects on International Jurisprudence

Author(s)

SALEHI JAVAD | Issue Writer Certificate

Keywords

African UnionQ1

International Criminal CourtQ2

International Judicial ProcedureQ2

SudanQ1

Security CouncilQ2

Abstract

Removing of immunity from elements of international crimes under provisions of Article 27 of Statute is a prospect of cooperation of members with the ICC. However, this cooperation is specific to members and their status. Sudan is not an ICC member. Referral of his condition and the need for his cooperation with the ICC is not due to his membership, but because of the resolution, which has serious ambiguities regarding the recognition of Sudan's membership in the Statute and removing of immunity. This situation has led to the confrontation between the AU and its members with the ICC, which is purpose and subject of this article. A research question is; what is the impact of confrontation between the AU and its members with the ICC on International Judicial Procedures? The findings of this study indicate that judicial proceeding of the ICC has not only failed to narrow the scope of this confrontation for more than a decade but also has been weakened by the lack of cooperation of AU Member States in the arrest of Al-Bashir. This approach adversely affects the status of the ICC on protection of the Security Council in Sudan's situation, which is becoming increasingly evident.

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APA: Copy

SALEHI, JAVAD. (2020). A Critique of Opposition of the African Union and its Member States with the Criminal Court and its Effects on International Jurisprudence. PUBLIC LAW STUDIES QUARTERLY, 50(2 ), 793-807. SID. https://sid.ir/paper/251154/en

Vancouver: Copy

SALEHI JAVAD. A Critique of Opposition of the African Union and its Member States with the Criminal Court and its Effects on International Jurisprudence. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2020;50(2 ):793-807. Available from: https://sid.ir/paper/251154/en

IEEE: Copy

JAVAD SALEHI, “A Critique of Opposition of the African Union and its Member States with the Criminal Court and its Effects on International Jurisprudence,” PUBLIC LAW STUDIES QUARTERLY, vol. 50, no. 2 , pp. 793–807, 2020, [Online]. Available: https://sid.ir/paper/251154/en

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