Maître Amélie Beauchemin clarified the legal framework for immunities of sitting Heads of State before the International Criminal Court for France Info TV’s Le 11h/13h program.
She explained that Article 27 of the Rome Statute excludes any immunity for incumbent Heads of State both of states parties and third states. Since the Al-Bechir case in 2011, the Court’s clear and consistent case law has affirmed this position, convicting states parties that have failed to fulfill their obligation of cooperation and arrest. It recently confirmed this, on 24 October 2024, regarding Mongolia for refusing to execute the arrest warrant against Vladimir Putin.
The challenge lodged by Israel notably concerning the Court’s territorial jurisdictionn is not suspensive and should have no effect on the arrest warrants issued.