SINCE TIME BEGAN : salus populi suprema est lex - the right of the people is the supreme law : IN TRUTH WE TRUST
Guénaël Mettraux,a
John Dugardb and Max du Plessisc aProfessor of International Criminal
Procedure, University of Amsterdam, Amsterdam, The Netherlands bEmeritus
Professor of Law, Universities of the Witwatersrand, South Africa and Leiden,
The Netherlands cBarrister, South Africa, Senior Counsel; Associate Member,
Doughty Street Chambers and Associate Fellow, Chatham House, London, UK
Heads of
State Immunities, International Crimes
&
President Bashir’s Visit to South
Africa
The relationship between international crimes and sovereign
immunities has bedevilled judicial practice and legal scholarship and created
an apparently irreconcilable tension between the two notions. Part of the
difficulty in addressing this tension derives from the approach to resolving
it. This paper proposes a novel approach, viewing the relationship specifically
from the perspective of international criminal law and looking at the three
core functions of immunities in that context. The authors conclude that
customary international law excludes immunities as defence or bar to jurisdiction
for core international crimes regardless of the nature of the jurisdiction
concerned, the position of the accused, or the capacity in which the accused
acted. When interpreted within that framework, the icc Statute provides for
clear limitations to the role of immunities in icc proceedings and avoids the
pitfalls that have thus far marred the icc’s approach to the law of immunities.
POTUS TRUMP & OLC POLICIES
VOX : "Despite the report’s lack of indictment, however, Mueller stopped short of exonerating the president on counts of obstruction of justice. As one notable line in the report states, “If we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state.” Mueller declined to state." : VOX
VOX : "Despite the report’s lack of indictment, however, Mueller stopped short of exonerating the president on counts of obstruction of justice. As one notable line in the report states, “If we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state.” Mueller declined to state." : VOX
DOES THE UNITED STATES RECOGNIZE THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT ?
"United States participation in the ICC treaty regime would also be unconstitutional because it would allow the trial of American citizens for crimes committed on American soil, which are otherwise entirely within the judicial power of the United States". The USA Agrees With The UN Charter.
The UN Charter, Chapter VII Provides Authorities To The UN Security Council
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security".
DID THE MUELLER REPORT CONCLUDE THAT RUSSIA INTERFERED WITH THE 2016 US PRESIDENTIAL ELECTION ?
TRANSCRIPT OF CONGRESSIONAL JUDICIARY COMMITTEE : TRANSCRIPT OF US INTELLIGENCE COMMITTE
DOJ OLC POLICY STATES "The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions."
TRANSCRIPT OF CONGRESSIONAL JUDICIARY COMMITTEE : TRANSCRIPT OF US INTELLIGENCE COMMITTE
DOJ OLC POLICY STATES "The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions."
THEREFORE, IF THE US PRESIDENT IS CHARGED WITH A CRIME - OUTSIDE OF THE JURISDICTION OF THE HOUSE OR SENATE - THEN, QUITE SIMPLY, AN ALTERNATIVE OFFICER SHALL ASSUME THE OFFICE UNTIL FURTHER NOTICE
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CANADA HOUSE OF COMMONS MEMBERS : CANADA SENATE MEMBERS
UNITED NATIONS MEMBER STATES : UNITED NATIONS SECURITY COUNCIL
UNITED NATIONS MEMBER STATES : UNITED NATIONS SECURITY COUNCIL
SINCE TIME BEGAN : salus populi suprema est lex - the right of the people is the supreme law : IN TRUTH WE TRUST
