Crimes against Humanity v. Immunity of State Officials Revisited - Some Remarks on the Congo v. Belgium Case

In: Die Friedens-Warte: Journal of International Peace and Organization, Band 78, Heft 1, S. 63-75

Abstract

The decision of the International Court of Justice in the case of a Belgian warrant of arrest against a former Congolese foreign minister concerned two important aspects of modern trends of criminal responsibility of high-ranking state officials. The Hague judges did not discuss the issue of universal jurisdiction, as the Congo withdrew her claims in this field, but instead concentrated on the immunity of the former foreign minister. The Court decided to grant absolute immunity. The present paper seeks to investigate the majority judgment as well as individual opinions by some of the judges. The author is very critical in respect to the judgment expressing the view that the decision is extremely traditional because it does not take into account current trends in state practice & international law doctrine, including obligations erga omnes. In particular, the scope of immunity granted to a former minister exceeds the needs of this post, especially when taking into account the gravity of the imputed crimes. Adapted from the source document.