Congo V Belgium Case Study

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According to the case concerning the arrest warrant of 11 April 2000, (DEMOCRATIC REPUBLIC OF THE CONGO v. BELGIUM), In 1998, Yerodia had publicly encouraged the Congolese inhabitants to kill members of a rebellion against the government, primarily the ethnic Tutsis, resulting several hundred of deaths. Mr Yerodia had also been accussed of having made various speeches inciting racial hatred during the month of August 1998. With regards to this, The Kingdom of Belgium issued an international arrest warrant in response to all the crimes committed by Yerodia, based on a new Belgian law (known as the Belgian Universal Jurisdiction Law, since repealed) The law exercise by Belgium concerning this case is the law which has been amended on 19 February 1999. That is the law concerning ”The Punishment of Serious Violations of International Humanitarian Law” which hereinafter referred to as the “Belgian Law” As provided under this law, Belgian courts can prosecute international crimes, thus charging Yerodia with inciting…show more content…
Functional immunities are based on the idea that official acts should be attributed to States, not to State officials. Therefore, they permanently exculpate individuals from civil or criminal responsibility for acts performed in official capacity (State Immunity). ] Thus, former Foreign Ministers, Mr Yerodia may enjoy functional immunities under the absolute theory of state immunity. International law recognizes him as a representative of the State solely by virtue of his office. This is because, the functions of a Foreign Minister is that during his tenure, he enjoys absolute immunity from criminal jurisdiction and inviolability even when he is

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