Presidents Immunities Form international crimes under the International Criminal Code... Study Warrant for Sudan's President

Abstract

This study is an attempt to highlight the responsibility a president for committing international crimes under the Criminal law, the legal status of the President of the International, and to what  extent the principles of international criminal law are opposed to the concept of national sovereignty of states, and define the concept of criminal responsibility of presents in the international criminal law, in addition, focusing  the issue of Sudan's president with the International Criminal Court . This study aims to illustrate the evolution of the principle of criminal responsibility of the president in international criminal law, from the formation of temporary military courts in Tokyo, Leipzig and Nuremberg, and later in Ronda and the former Yugoslavia and Sierra Leone and ending with the birth of the International Criminal Court.

While devoting the principle of criminal responsibility of presidents for international crimes under international criminal law, other principles of customary international law started to be limited and fade, as the principle of national sovereignty of States and the immunities and privileges that presidents enjoy.

According to this development it is no longer possible to plead the constitutional and international immunities for the exemption from prosecution and punishment, as the item 27 of Court criminal system confirmed of official capacity as a contraceptive trial and punishment, and thus treats the president treatment of any other person in front of the International Criminal Court in the event of proven involvement of committing international crimes.

Hence this study aims to reveal the discrepancy between the legal status of the president in the international public and international criminal laws, and the extent of prejudice to the implementation of the principles of international criminal law to the sovereignty of States, as well as to clarify the privacy of the jurisdiction of the International Criminal Court and superiority upon the national jurisdiction of States.

The study comes with a dangerous precedent is the issuance of the arrest warrant against Sudanese President by the Prosecutor of the International Criminal Court, it is the first event to the President who is still in power after the trial of former Yugoslav "Milosevic" at the Criminal Court for the former Yugoslavia, as well as the president's trial Charles Taylor, and attempts to prosecute former Chilean President "Pinochet". In this context, this study shows the most important legal and political dimensions to accuse the Sudanese President, and determine the constitutional and international immunities at the Criminal Court and the legal basis for his criminal responsibility, in addition to the emphasis on the question of the jurisdiction of the International Criminal Court on the case of Sudan or not and the powers of the Security Council to end the crisis between Sudan and International Criminal Court.

Key words: Criminal Court, international immunities, Criminal law, International crime, international law.