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Bashir

Al Bashir Case: CPIJ Co-Researcher Darryl Robinson presented observations before the ICC

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Darryl Robinson at the hearing

12 September 2018 – CPIJ Co-Researcher Darryl Robinson was yesterday before the International Criminal Court (ICC) to orally present Amici Curiae observations on controversial questions arising in the Al Bashir case. The Court’s decision will be of particular importance as the issue at stake, namely the question of immunities of heads of States, has been the subject of a heated debate over the last years.

President Omar Al Bashir of Sudan, accused of genocide and other crimes perpetrated in Darfur, is the object of an arrest warrant by the ICC. Following the failure of some States, including the Hashemite Kingdom of Jordan, to arrest him, the ICC rendered a decision in which it ruled that immunities of heads of States cannot be invoked to justify an absence of cooperation with the Court. Jordan appealed of this decision. It is in this context that on 18 June 2018, Darryl Robinson and a group of experts including members of the Canadian Partnership for International Justice were invited to submit Amici Curiae observations to the ICC concerning the appeal filed by Jordan. The Amici, namely Darryl RobinsonFannie LafontaineValerie OosterveldMargaret M. deGuzmanRobert Cryer and Carsten Stahn, argued that Al Bashir has no immunity before the ICC, in accordance with the interpretation adopted by the Pre-Trial Chamber.

On behalf of this expert group, Mr. Robinson, alongside with other Amici, was asked to orally present the Amici’s observations at a hearing before the ICC. The Partnership is proud to actively contribute to the making of a decision of the highest importance in the Court’s history with its Co-Researchers spearheading the development of complicated judicial advices.

More information about the Amici Curiae is available here.

Members of the Partnership will intervene as Amici Curiæ before the International Criminal Court in the Al Bashir case

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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.