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" The ICC Addresses Non-Cooperation By States Parties: "
Konstantinos Magliveras, Gino Naldi, Konstantinos Magliveras, et al.
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AL
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| Record Number
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1064503
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| Doc. No
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LA108132
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| Call No
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10.1163/17087384-12342018
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| Language of Document
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English
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| Main Entry
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Gino Naldi
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Konstantinos Magliveras
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| Title & Author
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The ICC Addresses Non-Cooperation By States Parties: [Article] : The Malawi Decision\ Konstantinos Magliveras, Gino Naldi, Konstantinos Magliveras, et al.
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| Publication Statement
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Leiden: Brill | Nijhoff
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| Title of Periodical
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African Journal of Legal Studies
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| Date
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2013
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| Volume/ Issue Number
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6/1
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| Page No
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137–151
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| Abstract
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This article examines the decision, issued by the Pre-Trial Chamber I of the ICC on 12 December 2011, concerning the failure of the Republic of Malawi to comply with the requests of co-operation that the ICC has extended to contracting parties in relation to the arrest and surrender of the indicted Sudanese President al-Bashir. Faced with blatant defiance by African States Parties, as well as a hostile African Union, the ICC has of late no longer restricted its reaction simply to informing the UN Security Council and the Assembly of States Parties of instances of non co-operation, but has also, for the first time, justified why it has found specific states to have violated their Rome Statute obligations by hosting al-Bashir on official visits to their territories. This article examines the decision, issued by the Pre-Trial Chamber I of the ICC on 12 December 2011, concerning the failure of the Republic of Malawi to comply with the requests of co-operation that the ICC has extended to contracting parties in relation to the arrest and surrender of the indicted Sudanese President al-Bashir. Faced with blatant defiance by African States Parties, as well as a hostile African Union, the ICC has of late no longer restricted its reaction simply to informing the UN Security Council and the Assembly of States Parties of instances of non co-operation, but has also, for the first time, justified why it has found specific states to have violated their Rome Statute obligations by hosting al-Bashir on official visits to their territories. This article examines the decision, issued by the Pre-Trial Chamber I of the ICC on 12 December 2011, concerning the failure of the Republic of Malawi to comply with the requests of co-operation that the ICC has extended to contracting parties in relation to the arrest and surrender of the indicted Sudanese President al-Bashir. Faced with blatant defiance by African States Parties, as well as a hostile African Union, the ICC has of late no longer restricted its reaction simply to informing the UN Security Council and the Assembly of States Parties of instances of non co-operation, but has also, for the first time, justified why it has found specific states to have violated their Rome Statute obligations by hosting al-Bashir on official visits to their territories. This article examines the decision, issued by the Pre-Trial Chamber I of the ICC on 12 December 2011, concerning the failure of the Republic of Malawi to comply with the requests of co-operation that the ICC has extended to contracting parties in relation to the arrest and surrender of the indicted Sudanese President al-Bashir. Faced with blatant defiance by African States Parties, as well as a hostile African Union, the ICC has of late no longer restricted its reaction simply to informing the UN Security Council and the Assembly of States Parties of instances of non co-operation, but has also, for the first time, justified why it has found specific states to have violated their Rome Statute obligations by hosting al-Bashir on official visits to their territories.
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| Descriptor
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African Union
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breach of Rome Statute
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| Descriptor
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Head of State immunity
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| Descriptor
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ICC arrest warrants
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non co-operation of ICC Members
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| Location & Call number
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10.1163/17087384-12342018
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