00:00The case of the arrest warrant of April 11, 2000, Democratic Republic of Congo is
00:04Belgium, is a landmark ruling issued by the International Court of Justice, SIG, the
00:09February 14, 2002.
00:10This decision clarifies the rules of public international law relating to jurisdiction
00:15universal immunity from national jurisdictions and granted immunity from criminal jurisdiction
00:19to the current heads of state.
00:21Origin of the dispute
00:22In April 2000, a Belgian investigating judge issued an international arrest warrant by
00:26default against Abdoulay Yerodia Ndombosi, then Minister of Foreign Affairs in
00:30exercise of the Democratic Republic of Congo, Red Chausse.
00:34This mandate is based on the Belgian law of 1993 known as the "universal jurisdiction" law which
00:39allowed Belgian courts to prosecute perpetrators of war crimes and crimes
00:43against humanity, regardless of where the offense is committed or the nationality of the victims
00:47and authors.
00:48Belgium accused Yerodia of inciting racial hatred and the massacre of
00:52Tutsi during public speeches delivered in Red Chausse in 1998.
00:56The road authority reacted by seizing the cigarette in October 2000, claiming that the broadcast
01:01the warrant violated the immunity status guaranteed by international law to the minister in
01:05exercise.
01:06The arguments in question.
01:08The road stop argued that the Minister of Foreign Affairs enjoys a
01:11absolute immunity from criminal jurisdiction and personal inviolability in the face of
01:15foreign jurisdictions for the entire duration of his duties.
01:18According to Kinshasa, the issuance and international dissemination of the warrant prevented its minister
01:23to freely exercise his diplomatic functions and infringed upon the sovereignty of
01:26the Congolese state.
01:27Belgium countered that diplomatic immunities do not protect leaders
01:31against prosecution for crimes under international law, crimes against humanity,
01:35genocide.
01:36Brussels asserted that there is a customary exception to immunities in the presence of
01:40serious human rights violations, in order to avoid any impunity.
01:44The CIGE's reasoning
01:46The Court rendered its decision on February 14, 2002, and upheld the roadworks ruling.
01:50on the issue of immunities.
01:52The CIGE established a crucial distinction between the jurisdiction to prosecute a crime
01:56and the immunity of the person concerned.
01:58Absolute personal immunity, rationed persona.
02:00The Court states that under customary international law, certain high-ranking leaders,
02:05Heads of State, heads of government and foreign ministers benefit
02:09of total immunity before foreign courts while in office, including
02:13for accusations of war crimes or crimes against humanity.
02:16This immunity aims to guarantee the effective exercise of their functions or not of the State.
02:21In the absence of an exception for international crimes, the CIGE found no customary rule.
02:25existing provision providing for an exception to this immunity in favor of national jurisdictions
02:29foreigners for serious crimes.
02:31Post-mandate prosecution and international jurisdictions: the Court clarifies that immunity does not mean
02:36not impunity.
02:37She lists four avenues in which criminal liability can be applied, before the courts
02:42of his own country.
02:43If his own state decides to lift his immunity, after the end of his term of office, before the
02:47foreign courts, but only for acts carried out privately during
02:51his term of office or for acts committed before or after it.
02:55Before certain international criminal jurisdictions, such as the International Criminal Court or tribunals
02:59ad hoc, whose statutes expressly exclude the immunities officially granted by
03:03the states.
03:05Scope and consequences of the ruling.
03:07By a vote of 13 to 3, the CIS ruled that the issuance and circulation of the arrest warrant constituted
03:12a violation of Belgium's international obligation regarding the road stop.
03:16It orders Belgium to cancel the arrest warrant and to inform the authorities
03:19foreigners who had received a copy.
03:21The Hierodia ruling slowed the expansion of unilateral universal jurisdiction.
03:25national jurisdictions against foreign dignitaries in office.
03:29He led several countries, including Belgium in 2003, to reform and strictly regulate
03:34their legislation on universal jurisdiction to comply with established customary rights
03:38by the Court.
