How can arrests sanctioned by the international criminal court occur against individuals enjoying diplomatic immunity granted by non-party states to the Rome Treaty?

Abstract

The objective of this dissertation was to address principles in international law that addressed state immunity and its relation to the immunity granted to government officials charged with international crime in the exercise of their official functions in front of the International Criminal Court despite not being a party to the Rome Statute establishing the Court. This dissertation sought to explore the different types of immunity granted to officials using the cases of General Augusto Pinochet and Charles Taylor as examples as well as the relation between state sovereignty and universal jurisdiction. This study went on to further discuss the modus operandus of the International Criminal Court and the limits of both its jurisdiction and enforcement pillars. This study concluded that, after having discussed numerous examples of international courts prosecuting non-statute members as well as the powers granted to the International Court, that it would be possible to try non-party members in front of the ICC due to precedents established by previous cases and development of universal jurisdiction in customary international law.