Law Express: International Law by Stephen Allen

Author:Stephen Allen [Allen, Stephen]
Language: eng
Format: epub
ISBN: 9781292017983
Publisher: Pearson Education Limited
Published: 2014-07-30T18:30:00+00:00

Legal principle

The ICJ decided that Congo’s Foreign Minister was entitled to be protected by the doctrine of State immunity. Consequently, Belgium had no jurisdiction to arrest and to prosecute him.

In a Joint Separate Opinion delivered in the Arrest Warrant Case, three judges considered Belgium’s claim of universal jurisdiction. The Joint Opinion noted that international law was silent on whether universal jurisdiction could be exercised in absentia. However, it suggested that, in principle, international law does not prohibit the exercise of universal jurisdiction in such a case. The Joint Opinion justified its view by reference to the Lotus principle – freedom of action unless it can be shown that such freedom has been restricted by international law (leaving aside the question of State immunity – see below).

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