Taddele, Medhanie (2011) The Power of The SC To Adopt and Refer a Resolution To The ICC Prosecutor for Crimes Committed by Presiding Head of States/Governments: With Special Emphasis on President Al-Beshir of the Sudan. Masters thesis, Addis Ababa University.
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Abstract
The term “global village” was coined to describe the smallness of the earth on which we live. With the invention of jet engine, telephone and telegraph, vast spaces and long distances have shrunk considerably. With the invention of internet and mobile phone, the countries of the world have been reduced to the status of neighborhood. We all now live in the same country, but different neighborhoods. What is happening in one corner of a neighborhood can be easily known in all corners. If the happening has a constructive effect, the innovators will be rewarded. Nonetheless, if the happening has a destructive effect, the perpetrators will be sanctioned. This is because what has happened at a distinct corner of the world is considered as benefiting or harming the over-all world community. Although those who harm the world community are not few and are from different countries, the gist of the thesis is restricted to abusive Heads of States/Governments who are suspected by their actions that have a destructive effect, with a special emphasis on the situation of Darfur, Sudan. When such persons are suspected of committing international crimes, the UN Security Council adopts a resolution and refers the matter to the ICC prosecutor.1 Thus, the UN Security Council had adopted a resolution, for the first time, on the situation of Darfur, Sudan, and referred it to the ICC prosecutor. The prosecutor in turn had indicted Omar Hassan al-Bashir, the presiding Head of State of the Republic of the Sudan. After examining the case, the ICC had issued an arrest warrant. The UN member states are duty bound to respect the decisions passed by the UN Security Council, and cooperate for its implementation.2 Yet, up until today, Omar Hassan al-Bashir had travelled to many places of the member states but no country is willing to arrest and hand him over to the ICC. Of course, there are principles on immunities that shield Head of States/Governments not to be tried at other states’ courts. However, do these immunities be extended to shield them not to appear to international courts? To come up with fruitful suggestions, relevant international treaties, customary international law, principles of international law, international court decisions and other subsidiary sources have been carefully analyzed. By so doing, it is witnessed that the UN Security Council has the power to adopt a resolution and refer it to the ICC prosecutor, although the legality and precedence is questionable, because it may offend the perpetrators’ national justice institutions. Moreover, it is assured that immunities of the Head of States/Governments do not shield them from appearing in the ICC.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | H Social Sciences > H Social Sciences (General) |
| Divisions: | Africana |
| Depositing User: | Kabiru Wallace Ndung'u |
| Date Deposited: | 24 Jun 2019 10:40 |
| Last Modified: | 24 Jun 2019 10:40 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/9317 |
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