Chapter

Joint Separate Opinion of Judges Higgins, Kooijmans, and Buergenthal Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v Belgium), Judgment

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0092
Joint Separate Opinion of Judges Higgins, Kooijmans, and Buergenthal Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v Belgium), Judgment

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In its judgment, the International Court of Justice says nothing on the question of whether — quite apart from the status of Mr. Yerodia at the relevant time — the Belgian magistracy was entitled under international law to issue an arrest warrant for someone not at that time within its territory and pass it to Interpol. The difficult task that international law today faces is to provide stability in international relations by a means other than the impunity of those responsible for major human rights violations. This challenge is reflected in the dispute over the Congo. In its oral submissions, the Congo stated that it was not opposed to the principle of universal jurisdiction per se. But the assertion of a universal jurisdiction over perpetrators of crimes was not an obligation under international law, only an option. This chapter gives an opinion on the case.

Keywords: International Court of Justice; Belgium; Congo; arrest warrant; universal jurisdiction; crimes; international law; international relations; human rights

Chapter.  11973 words. 

Subjects: Public International Law

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