THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT TO SUE THE INDIVIDUALS WHO ENJOY JUDICIAL IMMUNITY
SUHAIL HUSSEIN AL-FATLAWI *
Faculty of Law, University of Jerash, Jordan
*Author to whom correspondence should be addressed.
Abstract
Various international treaties approved granting the delegates of countries and those who work for international organizations the judicial immunity in order to protect them from the accusations and malicious claims even if they could perform their tasks appropriately. After the issuance of Rome's basic regulation for the International Criminal Court in 1998, it became possible to sue those persons by the court without a need for assignment or his state's assignment from the immunity he/she enjoys, but this exception does not include all crimes but the four ones for which the International Criminal Court is competent, which are: mass extermination, humanity and war and aggression crimes.
However, if the court is competent to sue those who enjoy judicial immunity, then arresting them requires the consent of the country where they enjoy immunity as well as the host country, in accordance with the commitments stipulated in the international treaties. In this context, such country cannot hand that individual to the International Criminal Court unless if his country abandons his judicial immunity. This means that the ones enjoying judicial immunity are not subject for trial without the consent of their country to arrest them.
Accordingly, the study examined the individuals who enjoy judicial immunity.
The research includes individuals who enjoy judicial immunity, from The procedures for arrest, trial,, and identifying those crimes which are subject to the International Criminal Court, The paper ends with a conclusion that contained the most important results and recommendations.
Keywords: Criminal court, immunity, international law, crimes, diplomatic