Özet:

An international arrest warrant in absenta was issued by a Belgian investigating magistrate on 11 April 2000 against the incumbent Minister for Foreign Affairs, Abdulaye Yerodia Ndombasi, of Democratic Republic of the Congo, alleging serious violations of international humanitarian law and crimes against humanity in particular the incitement of racial hatred causing the massacre of numerous Tutsi civilians. Democratic Republic of the Congo government claimed that the international circulation of the arrest warrant against Yerodia violated the rules of customary international law on absolute inviolability and immunity from criminal process for incumbent Ministers for Foreign Affairs and requested from the Court to declare that Belgium shall annul the arrest warrant. Belgium argued if a Minister for Foreign Affairs was afforded immunity absolutely, it would constitute a bar against individual responsibility for violation of international humanitarian law and try to support for this proposition it based on decisions of some national and international judicial organs. Finally International Court of Justice claimed that the arrest warrant issued against Abdulaye Yerodia Ndombasi and its international circulation, constituted violations of a legal obligation of Belgium towards the Democratic Republic of the Congo, in that they failed to respect the immunity from criminal jurisdiction and the inviolability which the incumbent Minister for Foreign Affairs of the Democratic Republic of the Congo enjoyed under international law and ordered Belgium to cancel the arrest warrant of 11 April 2000 by means of its own choosing. In this paper the decision of the Court will be examined in the context of universal jurisdiction and immunities enjoyed under international law and immunities and inviolabilities legal positions towards violations of international humanitarian law

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