Raportul dintre articolul 27 şi articolul 98 alin. (1) din Statutul Curţii Penale Internaţionale. Situaţia lui Omar Al-Bashir
The relation between Article 27 and Article 98 paragraph (1) of the International Criminal Court Statute.The situation of Omar Al-Bashir

Summary/Abstract: In a field where not enough Romanian literature has been written, this article tries to offer some perspective on the International Criminal Court Statute and the interaction between the two articles that the discussion will be centred around, Article 27 and Article 98 respectively, but also on the obligations that result for States, with a closer look to the situation of Omar Al-Bashir. Firstly, the sphere of application of the two articles is explained based on the subjects it refers to as well as based on the importance of the state being a third-party or a signing party of the Rome Statute. The correct interpretation for a better application in practice is determined, as well as with respect to the rights and obligations of States. Furthermore, the author discusses the notion of immunity within article 98 and the way in which it has been defined in legal literature and in practice. In the second part of the article the problems raised through the issuing of arrest warrants on Omar Al-Bashir’s name are discussed. The importance of the UN Security Council Resolution on the matter is underlined, as well as the way in which the Pre-Trial Chamber motivated the possibility of issuing arrest warrants and the obligation of States to comply with its requests. Furthermore the International Criminal Court’s reaction to the refusal of signatory states to comply with its requests is analysed on the basis of the decision in the case of Malawi. Finally, an alternative possibility for conviction is explored based on the Convention on the Prevention and Punishment of the Crime of Genocide.

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