Judicial cooperation between the DRC and ICC: Execution of arrest warrants
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Beschrijving
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This thesis examines cooperation between the DRC and the International Criminal Court in the execution of arrest warrants. It highlights the tension between the obligations of the Rome Statute and national sovereignty through cases such as Thomas Lubanga, Germain Katanga, Sylvestre Mudacumura and the Omar el-Béshir case. The analysis shows the difficulties encountered and the contradiction between Article 27, which excludes immunities, and Article 98, often invoked to protect certain international obligations. These tensions, combined with internal limitations, reduce the effectiveness of cooperation and underline the need to strengthen the domestic legal framework, the political will of states and clarify the immunities regime at international level.
This thesis examines cooperation between the DRC and the International Criminal Court in the execution of arrest warrants. It highlights the tension between the obligations of the Rome Statute and national sovereignty through cases such as Thomas Lubanga, Germain Katanga, Sylvestre Mudacumura and the Omar el-Béshir case. The analysis shows the difficulties encountered and the contradiction between Article 27, which excludes immunities, and Article 98, often invoked to protect certain international obligations. These tensions, combined with internal limitations, reduce the effectiveness of cooperation and underline the need to strengthen the domestic legal framework, the political will of states and clarify the immunities regime at international level.
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