James5

Kevin Heller dismantles a WSJ article on the ICC and Sudan. Interesting comments on how head of state immunity works in the context of the ICC as well. Art 103 of the UN Charter gives UNSC resolutions eminence over other obligations. Thus the UNSC can revoke head of state immunity. Thus the UNSC can refer cases to the ICC and revoke head of state immunity even if the state in question, Sudan, isn’t a party to the Rome Statute (which under Art 27 provides that States waive their immunity upon ratification).

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