Immunities and Criminal Jurisdiction (Equatorial Guinea v. France): Preliminary Objections (I.C.J.). (7th March 2019)

• Record Type: Journal Article
• Authors: Paparinskis, Martins
• Is Part Of: International legal materials. Volume 58:Number 1(2019)
• Page Start: 1
• Page End: 70
• Publication Date: 2019-03-07
• Subjects: International law -- Sources; Treaties -- Collections; 341.1
• DOI: 10.1017/ilm.2019.1
• Languages: English
• ISSNs: 0020-7829

Abstract

Abstract : On June 6, 2018, the International Court of Justice (Court) rendered a judgment on preliminary objections in the case of Immunities and Criminal Proceedings (Equatorial Guinea v. France). France had made three preliminary objections: two related to the Court's jurisdiction on the basis of, respectively, United Nations Convention Against Transnational Organized Crime (Palermo Convention) and the Optional Protocol to the Vienna Convention on Diplomatic Protection (VCDR) concerning the Compulsory Settlement of Disputes (Optional Protocol), and the third challenged admissibility for abuse of process and abuse of rights. The Court accepted the first objection regarding jurisdiction on the basis of the Palermo Convention and rejected the other two. This judgment is an important contribution to the development of international law, both regarding the particular instruments at issue and broader questions of law of treaties and international dispute settlement.