Does President Al-Bashir have immunity as a head of state?
Sudanese law may provide the head of state with immunity in Sudan, but the Rome Statute says that immunities do not bar the court from exercising its jurisdiction. The International Court of Justice confirmed in 2002 that such immunities do not bar the ICC. 10. Is it possible the Security Council will stop this case from going forward? The Rome Statute gives the UN Security Council authority to defer an investigation or prosecution for 12 months. We believe that this power should be used only in cases where the demands of peace make it absolutely necessary to temporarily suspend efforts toward justice. The Security Council should not defer cases in response to threats, including threats to commit violence or cut off a peace process. The Security Council deemed Darfur a threat to international peace and security in 2005 and referred the case to the ICC. Deferring the case now would seem inconsistent with that finding. It also would appear to give in to those seeking to prevent justice r
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