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Title The International Criminal Court and the Darfur Crisis: The Prospects of Prosecuting the Sudanese President
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Date Accessioned
University/Publisher University of Ottawa
Abstract To date, the arrest warrants issued by the ICC against the Sudanese President, as a suspect of heinous international crimes committed in Darfur, have not been enforced. This thesis questions and analyzes the reasons behind this failure. The thesis also considers the question whether the official status of Omar Al Bashir, as the incumbent head of state, shields him from prosecution before the ICC. To answer this question, the thesis examines the various international law theories related to the heads of state immunity and explains their relevance and applicability to the case of Al Bashir. Finally, the thesis evaluates the likelihood of the arrest of the Sudanese President and explores the legal foundation of each possible action. The thesis concludes that the Genocide Convention remains the most instrumental and effective authority for the apprehension of Al Bashir, and it further illustrates its binding effect beyond the ICC states parties.
Subjects/Keywords International law; International Criminal Law
Language en
Country of Publication ca
Record ID handle:10393/23797
Repository ottawa
Date Indexed 2018-01-03
Issued Date 2013-01-01 00:00:00

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…authority or the jurisdiction of the Court on legal or political grounds would be extremely limited. The Sudan ratified the Genocide Convention and that would undermine Al Bashir’s claim of immunity under other norms of international law. The combination of…

…on Violations of International Humanitarian Law and Human Rights Law in Darfur, at 141. online: . 27 15 that if the southern Sudan voted for secession, the government of Sudan would not tolerate…

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…the Genocide Convention and UNSC Resolution 1593 provides a robust foundation for the enforcement of the warrants. The ambivalence of the international community and the UNSC will be less sustainable and states will find it difficult to ignore their…

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