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Aghem Hanson Ekori
Department of Public, Constitutional and International Law, University of South Africa

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Journal : Polit Journal

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The ICC’s Appeals Chamber Judgments in the Jordan Case Regarding Al Bashir and Ntaganda Case: Victories for the Fights against Impunity and Immunity for Serious Crimes Aghem Hanson Ekori
Polit Journal Scientific Journal of Politics Vol 1 No 4 (2021): Polit Journal: Scientific Journal of Politics, November
Publisher : Britain International for Academic Research (BIAR-Publisher)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/polit.v1i4.546

Abstract

The creation of the ICC was a turning point in the fights against impunity for serious international crimes affecting mankind. Accordingly, the ICC does not recognise any form of immunities before its jurisdiction. Consequently, individuals and senior state officials cannot rely on any form of immunities if accused of any of the crimes within the jurisdiction of the Court. In the Jordan case regarding Al Bashir’s immunity, the ICC’s Appeals Chamber held that by ratifying the Rome Statute, states parties have consented to waive the immunity of their officials regarding proceedings before the Court. As a result of this, there is no immunity between the Court and states parties and between states parties themselves, and Sudan was bound by the Statute of the Court based on the United Nations Resolution 1593. In the Ntaganda case, the Court held there is no impunity for serious international crimes before its jurisdiction. This article examines both cases and concludes that while in the Jordan case there is victory for serious international crimes and the fights against human rights violations over immunity before the ICC, there is also victory for serious international crimes over impunity before the Court as seen in the Ntaganda case.
The Queen can do no Wrong: An Examination of the Reign of Queen Elizabeth II in Africa and the Position of the British Monarch with Regard to International Crimes Aghem Hanson Ekori
Polit Journal Scientific Journal of Politics Vol 3 No 1 (2023): Polit Journal: Scientific Journal of Politics, February
Publisher : Britain International for Academic Research (BIAR-Publisher)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/polit.v3i1.833

Abstract

Queen Elizabeth II would be remembered by many as a great queen who ruled and reigned for more than seven decades. Her seventy years of reigned as the British Monarch has imparted the world and the African continent whom she has visited more any other continent even before she was crowned as the British Queen. Indeed, Queen Elizabeth II was even proclaimed as British Queen while in Africa. Although many African leaders have hailed the Queen for the roles she played as the leader of the Commonwealth besides being the crowned Monarch, others have accused her for colonial crimes and harsh British practises administered by British colonial administration in Africa. Accordingly, the Queen ascended into the throne during the peak of decolonisation of Africa. International law protects the Queen in her capacity as the British Monarch and as the head of state or leader of the Commonwealth nations. This article examines reign of Queen Elizabeth II and argued that the British Monarch is protected by international law rule on immunities as the head of state of the Commonwealth nations and as a Constitutional Monarch of the United Kingdom (UK), despite many accusations from the African continent. Consequently, the immunities accorded by customary international to senior state officials also protects the Queen in her capacity as the British Monarch and as head of state to the Commonwealth nations. It further maintains that the position of the Constitutional Monarch exempts them for committing crimes unlike the British Prime Minister who exercises political power and could be charged and prosecuted for international crimes.
Co-Authors Paul S. Masumbe