Study On International Law Of Issues Arrest Warrant For Al-Bashir

Establishment of the International Criminal Court and the formal operation are based on "Rome Statute", which becomes effective in2002."Rome Statute" stipulates that International Criminal Court have the power to exercise jurisdiction on Genocide, crimes against humanity, war crimes, crime of aggression which occurred after July1,2002. According to UN Security Council Resolution1593, The International Criminal Court submitted the situation in the Darfur region of Sudan to ICC prosecutor in2009. Hereafter, Pre-Trial Chamber accuses Sudanese President Omar Al-Bashir who is guilty of five crimes against humanity and two of war crimes. This is the first time that the International Criminal Court issued an arrest warrant to the incumbent head of state. The issuance of arrest warrant has aroused wide concern in the international community, but the arrest warrant still has not been executed until today. This thesis uses the method of combining theoretical analysis and empirical analysis to discuss several issues about arrest warrant against Al-Bashir, all of this only come from the point of view of international law. In addition to the introduction and conclusion, this article is divided into four chapters.The first chapter describes the origin and characteristics of Arrest warrant against Al-Bashir. From the description of the Darfur region of Sudan history and current situation to the International Criminal Court issued an arrest warrant, so as to arrive its own characteristics of arrest warrant against Al-Bashir.The second chapter analyzes the source of power that International Criminal Court publish an arrest warrant against Al-Bashir. On the basis of the International Criminal Court jurisdiction research, we obtained the conclusions that International Criminal Court has jurisdiction over non-parties. In contemporary society that is based on principle of national sovereignty, affirmed the extension and development of universal jurisdiction of the International Criminal Court, and Bashir does not enjoy immunity from the Head of State. The last section analyzes the relationship between universal jurisdiction and the head of state immunity from a legal level. The jurisdiction of the International Criminal Court is an important part of its startup mechanism, provides a theoretical basis for analysis, also this is the core part of this thesis. The third chapter discusses the investigation power of the Prosecutor of the International Criminal Court in the present case. First, expounding the prosecutor’s power systematic, then, as a basis, exploring the investigation power and the Council’s authority, conflict with judge’s powers. Finally, obtaining the conclusion that the prosecutor should strengthen cooperation with States Parties that belong to "Rome Statute", the Council and the International Criminal Police Organization.Chapter forth discussed the implementation issues of arrest warrant against al-Bashir. Analyzing the status of implementation of arrest warrant against Bashir, obtaining the plight of executing the arrest warrant in Sudan and the international community, proposing to strengthen the path of International Criminal Court execution. Finally, obtaining the conclusion, in order to execute the arrest warrant, we need cooperation that comes from Sudan.