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.
| Identifer | oai:union.ndltd.org:uottawa.ca/oai:ruor.uottawa.ca:10393/23797 |
| Date | January 2013 |
| Creators | Mohamed, Gariballa A. |
| Contributors | Manirakiza, Pacifique |
| Publisher | Université d'Ottawa / University of Ottawa |
| Source Sets | Université d’Ottawa |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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