Jurisdictional immunity may well bar prosecution for a certain period or for certain offenses; it cannot exonerate the person to whom it applies from all criminal responsibility.”
The ICJ also noted that immunity under international law does not apply to national law and such individuals may be tried in their own countries, adding that national governments have the right to waive immunity, if they so choose. The Congo has so far chosen not to indict Mr. Yerodia Ndombasi.
The original warrant was for speeches made by Mr. Yerodia
The ICJ also noted that immunity under international law does not apply to national law and such individuals may be tried in their own countries, adding that national governments have the right to waive immunity, if they so choose. The Congo has so far chosen not to indict Mr. Yerodia Ndombasi.
The original warrant was for speeches made by Mr. Yerodia
Ndombasi on August 4 and 27, 1998, and states that: “These speeches allegedly had the effect of inciting the population to attack Tutsi residents of Kinshasa: there were dragnet searches, manhunts (the Tutsi enemy) and lynchings.
“The speeches inciting racial hatred thus are said to have resulted in several hundred deaths, the internment of Tutsis, summary executions, arbitrary arrests and unfair trials.”
Belgium is continuing the case against Mr. Yerodia Ndombasi, who has been charged with grave breaches of the 1949
“The speeches inciting racial hatred thus are said to have resulted in several hundred deaths, the internment of Tutsis, summary executions, arbitrary arrests and unfair trials.”
Belgium is continuing the case against Mr. Yerodia Ndombasi, who has been charged with grave breaches of the 1949
Geneva Conventions and of the Additional Protocols thereto and crimes against humanity, for inciting racial hatred.
Since Mr. Ndombasi is no longer functioning as a government Minister, he no longer qualifies for Diplomatic Immunity and may still be answerable to the charges being brought against him.
Had he been charged with genocide, the Arrest Warrant might have been allowed, since the Geneva Convention of 1948 specifically states, in article IV: "Persons committing genocide or any of the other acts enumerated in article III shall be
Since Mr. Ndombasi is no longer functioning as a government Minister, he no longer qualifies for Diplomatic Immunity and may still be answerable to the charges being brought against him.
Had he been charged with genocide, the Arrest Warrant might have been allowed, since the Geneva Convention of 1948 specifically states, in article IV: "Persons committing genocide or any of the other acts enumerated in article III shall be