Customary Rule of Immunity of Heads of States: An Appraisal on the Art 27 of Statute of International Criminal Court In The Light of Sudan's Situation

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Abdulmaleki Mahdi; RAEI MASOUD; Mahmoody amir; Arashpour Alireza

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2020 | Volume:49 | Issue:4 Page(s): 1309-1327

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Title

Customary Rule of Immunity of Heads of States: An Appraisal on the Art 27 of Statute of International Criminal Court In The Light of Sudan's Situation

Author(s)

Abdulmaleki Mahdi | RAEI MASOUD | Mahmoody amir | Arashpour Alireza | Issue Writer Certificate

Keywords

Immunity of Heads of StatesQ2

International Criminal CourtQ1

Security CouncilQ1

Non-Party StatesQ1

Article 27Q1

Abstract

The Article 27 of ICC's statute does not recognize Immunity of Heads of States as an obstacle for punishing them and states that this principle is for all persons including Heads of States. This matter is correct about the parties states to this statutes because they have implicitly abandoned from Immunity of Heads of States by accepting being a party to statutes if they were committed the crimes within the jurisdiction of the court. The problem is where the Security Council refers the situation to the prosecutor under article (b) 13. In this case some of international law principles such as imposing an obligation to the third states and customary rule of Immunity of Heads of States place against possibility of deal with international crimes and that establishes this challenge in which how should apply provisions of Article 27 about such a state? Of course, court faces with another article in the statute i. e. the article (1) 98 in which it explicitly states that court must obtain the cooperation of that third state for punishing the it's head of state. The fact is that the Article 27 should been considered in the light of others rules of international law and it can be said that court cannot deal with the crimes which committed by the Heads of States that is not a party of statute, even by referring the Security Council, unless it applies the article (1) 98. According to this paragraph of article 98 The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.

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APA: Copy

Abdulmaleki, Mahdi, RAEI, MASOUD, Mahmoody, amir, & Arashpour, Alireza. (2020). Customary Rule of Immunity of Heads of States: An Appraisal on the Art 27 of Statute of International Criminal Court In The Light of Sudan's Situation. PUBLIC LAW STUDIES QUARTERLY, 49(4 ), 1309-1327. SID. https://sid.ir/paper/251309/en

Vancouver: Copy

Abdulmaleki Mahdi, RAEI MASOUD, Mahmoody amir, Arashpour Alireza. Customary Rule of Immunity of Heads of States: An Appraisal on the Art 27 of Statute of International Criminal Court In The Light of Sudan's Situation. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2020;49(4 ):1309-1327. Available from: https://sid.ir/paper/251309/en

IEEE: Copy

Mahdi Abdulmaleki, MASOUD RAEI, amir Mahmoody, and Alireza Arashpour, “Customary Rule of Immunity of Heads of States: An Appraisal on the Art 27 of Statute of International Criminal Court In The Light of Sudan's Situation,” PUBLIC LAW STUDIES QUARTERLY, vol. 49, no. 4 , pp. 1309–1327, 2020, [Online]. Available: https://sid.ir/paper/251309/en

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