These conditions are not applicable to crimes committed before the entry into force of the Statute of the new International Criminal Court (ICC), that is to say before 1 July 2002. They also do not apply to crimes committed after 1 July 2002 on the territory of a state not party to the statute of the ICC or by the national of a non-party state, or if the Security Council has referred the crimes to the ICC.
Flexibility and the possibility of evolution in the interpretation of international criminal immunity
The proposed law provides for the immunity of state officials from application of the 1993 universal jurisdiction law within the limits established by international law. Thus, the legislature has decided to grant Belgian courts the power to interpret any questions linked to immunities. This evolution, for the signatory NGOs, must be read in the light of Article 27 of the Statute of the ICC which refers to the non-opposability of criminal immunity for the most serious crimes, i.e., genocide.
By adopting the interpretative law and the modification law at the new parliamentary session in October, the Belgian Parliament will confirm its choice of the universal jurisdiction law of 1993 in a coherent and consistent manner. Belgium will thus remain at the forefront of the defense of human rights and international justice in the world by guaranteeing victims of the most serious crimes access to justice, be it national or international.
For more information, please see: http://indictsharon.net
Flexibility and the possibility of evolution in the interpretation of international criminal immunity
The proposed law provides for the immunity of state officials from application of the 1993 universal jurisdiction law within the limits established by international law. Thus, the legislature has decided to grant Belgian courts the power to interpret any questions linked to immunities. This evolution, for the signatory NGOs, must be read in the light of Article 27 of the Statute of the ICC which refers to the non-opposability of criminal immunity for the most serious crimes, i.e., genocide.
By adopting the interpretative law and the modification law at the new parliamentary session in October, the Belgian Parliament will confirm its choice of the universal jurisdiction law of 1993 in a coherent and consistent manner. Belgium will thus remain at the forefront of the defense of human rights and international justice in the world by guaranteeing victims of the most serious crimes access to justice, be it national or international.
For more information, please see: http://indictsharon.net