Interpretation and Application of Article 98 of the Rome Statute

Sadushaj Mimoza, Shatku Saimir, Kuka Erdi, Pustina Flori and Taraj Geraldo
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Sadushaj Mimoza: Tirana University, Faculty of Law, Albania Phd. Saimir Shatku Tirana University, Faculty of Law, TiranaAlbania
Kuka Erdi: Tirana University, Faculty of Law, Tirana, Albania
Pustina Flori: Tirana University, Faculty of Law, Department of Criminal Law, Tirana, Albania
Taraj Geraldo: Tirana University, Faculty of Law, Tirana, Albania

Academic Journal of Interdisciplinary Studies, 2017, vol. 6, issue 1, 141-147

Abstract: Many high officials accused for crimes falling under the ICC (International Criminal Court) Statute, like the leader of Sudan Omar al-Bashir, have defended themselves against ICC prosecution using their State, diplomatic or Head of State immunity and there so invoking Art. 98 of the ICC Statute. This paper is to clarify all the incorrect claims, which abusively use Art. 98, to justify the objection of ICC prosecution in cases where the defendant has state, Head of State or diplomatic immunity due to his official capabilities. The paper conclusions will deal with the proper interpretation and application of this article and the reasoning of why Head of States and other high officials cannot be defended from the ICC prosecution using their immunity as an argument.

Keywords: ICC; Rome Statute; Art.98; immunity; International Criminal Law (search for similar items in EconPapers)
Date: 2017
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:ajinst:v:6:y:2017:i:1:p:141-147:n:7

DOI: 10.5901/ajis.2017.v6n1p141

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