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The Judgement of the International Court of Justice in the Arrest Warrant Case: Some Critical Remarks

Published online by Cambridge University Press:  02 July 2003

JAN WOUTERS
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Abstract

The author critically analyzes the judgement rendered by the ICJ on 14 February 2002, in the Arrest Warrant of 11 April 2000 case. The Court's reasoning is criticized for both its poor motivation in acknowledging the existence of a rule of customary international law, providing for absolute inviolability and immunity for incumbent ministers for foreign affairs before the national courts of other states, and for the rather theoretical manner in which the Court asserts that immunity does not amount to impunity. It is also regretted that the Court did not pronounce on the issue of universal jurisdiction, thereby missing a great opportunity to clarify a controversial but increasingly important issue of international (criminal) law.

Keywords

Arrest Warrant caseBelgiuminternational criminal lawimmunity from prosecutionuniversal jurisdiction
Type
HAGUE INTERNATIONAL TRIBUNALS: International Court of Justice
Information
Leiden Journal of International Law , Volume 16 , Issue 2 , June 2003 , pp. 253 - 267
Copyright
© 2003 Foundation of the Leiden Journal of International Law

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