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Cake day: July 4th, 2023

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  • According to Article 27 of the Rome Statute, all wanted persons are equal before the court, including heads of a state or government. No immunities under international law may bar the court from exercising its jurisdiction.

    “No international court has ever found that a head of state or high ranking individual has immunity before it, and Article 27 was meant to codify that principle,” [says] “Leila Sadat, a leading expert on immunities and former ICC special advisor on crimes against humanity[.]”

    The immunity loophole found in Article 98 (1), according to the judgement, must be read in context and interpreted in a manner that is consistent with the object and purpose of the Rome Statute, meaning that it should not be read to carve out an exception to Article 27’s clear provisions.

    … the reference to state immunity under Article 98 (1) is related to the immunity of a state and its property, not its leaders or officials.