May 21, 2018 – A group of experts including members of the Canadian Partnership for International Justice were granted leave to submit observations on complicated and controversial questions about the immunity of a head of state.
The group of experts, composed of Darryl Robinson (Queen’s University), Fannie Lafontaine (Laval University), Valerie Oosterveld (Western University), Margaret M. deGuzman (Temple University), Robert Cryer (Birmingham Law School), and Carsten Stahn (Leiden University), have been invited to submit an Amici Curiae to the Court before June 18, 2018. Mark Kersten (Munk School of Global Affairs) and Sergey Vasiliev (Leiden University) were also consulted in the preparation of the request.
The issues arise in a case against President Omar Al-Bashir of Sudan, accused of genocide and other crimes committed in Darfur. The UN Security Council referred the situation to the International Criminal Court, and ordered Sudan to ‘cooperate fully’ with the Court. Some states, including Jordan, have failed to arrest Omar Al-Bashir. The Hashemite Kingdom of Jordan appealled against the decision of Pre-Trial Chamber II on non-compliance with the Court’s request for arrest and surrender of Omar Al-Bashir. The case concerns the power of the UN Security Council to set aside immunities in the pursuit of justice.
The request for leave and the decision on its acceptance are available online.