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Interpretation and Application of Article 98 of the Rome Statute

Author

Listed:
  • Sadushaj Mimoza

    (Tirana University, Faculty of Law, Albania Phd. Saimir Shatku Tirana University, Faculty of Law, TiranaAlbania)

  • Shatku Saimir
  • Kuka Erdi

    (Tirana University, Faculty of Law, Tirana, Albania)

  • Pustina Flori

    (Tirana University, Faculty of Law, Department of Criminal Law, Tirana, Albania)

  • Taraj Geraldo

    (Tirana University, Faculty of Law, Tirana, Albania)

Abstract

Many high officials accused for crimes falling under the ICC (International Criminal Court) Statute, like the leader of Sudan Omar al-Bashir, have defended themselves against ICC prosecution using their State, diplomatic or Head of State immunity and there so invoking Art. 98 of the ICC Statute. This paper is to clarify all the incorrect claims, which abusively use Art. 98, to justify the objection of ICC prosecution in cases where the defendant has state, Head of State or diplomatic immunity due to his official capabilities. The paper conclusions will deal with the proper interpretation and application of this article and the reasoning of why Head of States and other high officials cannot be defended from the ICC prosecution using their immunity as an argument.

Suggested Citation

  • Sadushaj Mimoza & Shatku Saimir & Kuka Erdi & Pustina Flori & Taraj Geraldo, 2017. "Interpretation and Application of Article 98 of the Rome Statute," Academic Journal of Interdisciplinary Studies, Sciendo, vol. 6(1), pages 141-147, March.
    • Handle: RePEc:vrs:ajinst:v:6:y:2017:i:1:p:141-147:n:7
    DOI: 10.5901/ajis.2017.v6n1p141
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