What was the issue in Congo v Belgium?
The Congo brought a suit against Belgium in the International Court of Justice asking it to declare that Belgium, by issuing the international arrest warrant, violated the legal obligation Belgium owes to the Congo and that Belgium must therefore cancel the arrest warrant.
What does the Democratic Republic of Congo claim has been violated by Belgium?
In its submissions presented at the public hearings, the DRC requested the Court to adjudge and declare that Belgium had violated the rule of customary international law concerning the inviolability and immunity from criminal process of incumbent foreign ministers and that it should be required to recall and cancel …
What is the Yerodia case?
Belgium) Yerodia was involved in a precedent-setting case by the International Court of Justice (ICJ). In 1998, Yerodia publicly encouraged the Congolese population to kill members of a rebellion against the government, primarily ethnic Tutsis. This case, known as the Warrant Case, was decided in Congo’s favor.
What jurisdiction did Belgium claim under a 1993 domestic law?
Belgium. Belgium’s universal jurisdiction legislation, the “Act concerning Punishment for Grave Breaches of International Humanitarian Law,” came into force in 1993 and was amended in 1999 to include universal jurisdiction over crimes against humanity and genocide in addition to war crimes.
What is personal immunity?
immunity, in law, exemption or freedom from liability. In U.S. law there are two types of criminal immunity—transactional immunity and use immunity. A person granted transactional immunity may not be prosecuted for any crime about which that person testifies as a result of the immunity grant.
What is meant by universal jurisdiction?
The term “universal jurisdiction” refers to the idea that a national court may prosecute individuals for serious crimes against international law — such as crimes against humanity, war crimes, genocide, and torture — based on the principle that such crimes harm the international community or international order itself.
Who holds immunity?
Any person who, in performing an act of state, commits a criminal offence is immune from prosecution. That is so even after the person ceases to perform acts of state. Thus, it is a type of immunity limited in the acts to which it attaches (acts of state) but ends only if the state itself ceases to exist.
How do you get granted immunity?
Witnesses compelled by subpoena to appear before a grand jury are entitled to receive immunity in exchange for their testimony. The grant of immunity impairs the witness’s right to invoke the Fifth Amendment protection against self-incrimination as a legal basis for refusing to testify.
Who can declare universal jurisdiction?
Universal jurisdiction allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused’s nationality, country of residence, or any other relation with the prosecuting entity.
Which crimes have universal jurisdiction?
International law recognizes that certain crimes are so serious that the duty to prosecute them transcends all borders, giving rise to “Universal Jurisdiction” over grave crimes in violation of international law, such as crimes against humanity, war crimes, genocide, and torture.
Do ambassadors have ratione personae?
It has long been clear that serving Heads of State,19 Heads of Government,20 and diplomats21 possess immunity ratione personae.
How can I improve my legal immunity?
Raising the Immunity Defense A witness who is being prosecuted and intends to claim immunity from prosecution must provide evidence that the prosecution granted immunity and that the testimony in question relates to the current charges. After that, the burden of proof goes to the government.