Uluslararası Ceza Mahkemesi’nin Tutuklama Kararlarıyla İlgili Bir Değerlendirme: Sudan Devlet Başkanı Ömer El-Beşir Örneği
Analysis on the Arrest Warrants of the International Criminal Court: Case of Sudanese President Omar El – Beshir

Summary/Abstract: Since it was established in 1956, Sudan has always been a scene for ongoing armed struggles between the north region composed from Muslim-Arab population, the south where the animist and Christian population lives and Darfur region inhabited by indigenous non-Arab population. In the meantime, Sudan Government at intervals has strived against private anti-regime insurgents/separatist organizations which are Sudan People's Liberation Army/Movement-SPLA/M in the south and in Darfur the Sudan Liberation Movement-SLM and Justice and Equality Movement-JEM. As the conflict in Darfur continued to increase, the government resorted to violence reaching the size of a mass slaughter in order to suppress the resistance upon which the United Nations Security Council, the International Criminal Court (ICC) was authorized for opening an investigation of Sudan. As a result of the opened investigation on the basis of this authority, the ICC issued a warrant for Sudan’s President Omar Ahmed El-Bashir’s arrest who is still in office but the warrant has been subject to intense criticism as it is inconsistent with the principle of international customary-law, the immunity for Heads of State that are still on duty. In this study, after the short history of the crisis in Sudan and the ICC, the analysis of the process led to this decision, legal reasons for this arrest warrant and its contradiction with immunity principle will be discussed.

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