15.02.02
Urgent Interventions
Press Release:OMCT regrets the decision of the International Court Justice of 14/02/02
PRESS RELEASE
Geneva, 15 February 2002
OMCT regrets the decision of the International Court of Justice of 14 February 2002 that under customary international law, Ministers of Foreign Affairs enjoy immunity from prosecution outside their countries. The Court’s decision, that an incumbent Minister for Foreign Affairs cannot be prosecuted in a foreign State for international crimes such as war crimes, genocide or crimes against humanity, is a serious blow to efforts to obtain justice for the victims of such crimes. The ruling could well result in the impunity of persons responsible for some of the most serious violations of international human rights law and humanitarian law.
The case was brought before the Court by the Democratic Republic of Congo and concerned the legality of the international arrest warrant issued on 11 April 2000 by Belgium against the then Minister for Foreign Affairs of the Democratic Republic of Congo, Mr. Abdulaye Yerodia Ndobasi for “serious violations of humanitarian law”.
Although the Court stated that while immunity “cannot exonerate the persons to whom it applies from all criminal responsibility”, it nevertheless ruled that by issuing and circulating the arrest warrant Belgium had violated a legal obligation in failing to respect the immunity and inviolability of the incumbent Minister. The Court, however, explicitly recognized that a Minister for Foreign Affairs could be subject to criminal proceedings before international tribunals and courts.
The decision could seriously hinder current efforts in the fight against impunity. A number of international treaties such as the Geneva Conventions and the United Nations Convention against Torture require that those responsible for certain international crimes be prosecuted no matter where they are. For many years, these provisions were rarely applied and only recently has a practice of prosecuting such crimes begun emerge. The notion that no person can be considered to be above the law forms an important part of the rationale behind this trend.
Despite the serious setback that the Court’s decision represents, OMCT and the members of OMCT’ s SOS-Torture network will continue in their efforts to ensure that all persons responsible for serious violations of human rights and humanitarian law are prosecuted and punished. In this regard, OMCT welcomes the impending entry into force of the International Criminal Court which will ensure that States abide by their obligations to prosecute all those responsible for crimes such as genocide, war crimes and crimes against humanity accountable for their acts.
For further information, please contact OMCT at +41 22 809 49 39 or omct@omct.org.
Geneva, 15 February 2002
OMCT regrets the decision of the International Court of Justice of 14 February 2002 that under customary international law, Ministers of Foreign Affairs enjoy immunity from prosecution outside their countries. The Court’s decision, that an incumbent Minister for Foreign Affairs cannot be prosecuted in a foreign State for international crimes such as war crimes, genocide or crimes against humanity, is a serious blow to efforts to obtain justice for the victims of such crimes. The ruling could well result in the impunity of persons responsible for some of the most serious violations of international human rights law and humanitarian law.
The case was brought before the Court by the Democratic Republic of Congo and concerned the legality of the international arrest warrant issued on 11 April 2000 by Belgium against the then Minister for Foreign Affairs of the Democratic Republic of Congo, Mr. Abdulaye Yerodia Ndobasi for “serious violations of humanitarian law”.
Although the Court stated that while immunity “cannot exonerate the persons to whom it applies from all criminal responsibility”, it nevertheless ruled that by issuing and circulating the arrest warrant Belgium had violated a legal obligation in failing to respect the immunity and inviolability of the incumbent Minister. The Court, however, explicitly recognized that a Minister for Foreign Affairs could be subject to criminal proceedings before international tribunals and courts.
The decision could seriously hinder current efforts in the fight against impunity. A number of international treaties such as the Geneva Conventions and the United Nations Convention against Torture require that those responsible for certain international crimes be prosecuted no matter where they are. For many years, these provisions were rarely applied and only recently has a practice of prosecuting such crimes begun emerge. The notion that no person can be considered to be above the law forms an important part of the rationale behind this trend.
Despite the serious setback that the Court’s decision represents, OMCT and the members of OMCT’ s SOS-Torture network will continue in their efforts to ensure that all persons responsible for serious violations of human rights and humanitarian law are prosecuted and punished. In this regard, OMCT welcomes the impending entry into force of the International Criminal Court which will ensure that States abide by their obligations to prosecute all those responsible for crimes such as genocide, war crimes and crimes against humanity accountable for their acts.
For further information, please contact OMCT at +41 22 809 49 39 or omct@omct.org.